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(영문) 서울북부지방법원 2017.08.24 2017고단1944
사기
Text

The punishment of a defendant shall be KRW 1,000,000.

When a fine is to be paid, it shall be confined in a workhouse for ten days.

Reasons

Punishment of the crime

The Defendant did not have any good financial condition and did not have any other property, and even if the Defendant borrowed money from C (44 tax, debt) with no other property, there was no intention or ability to repay the money as promised.

The defendant acquired the victim C by deceiving the victim C with a total of five million won as follows.

1. On February 2, 2011, the Defendant called “Around February 2011, 201, the Defendant called “Around February 2, 2011, the Defendant called that “Around February 201, 200,000 won was lent to Blurl with the lack of the cost of issuing teaching materials for

C beliefing that the horses were the Defendant on February 2, 201, and on February 1, 201, her mother D gave KRW 2 million to the Defendant.

2. On March 10, 2011, the Defendant, on March 10, 201, issued teaching materials to the Defendant on March 10, 201, if the Defendant leased KRW 3 million to C the lack of the cost of issuing teaching materials on the Jeju cancer.

“.......”

C trusted that end, on March 15, 201, transferred the amount of KRW 3 million to the National Bank Account (E) of the Co., Ltd.

Summary of Evidence

1. Part of the defendant's oral statement;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to Chapter Two of Loan Certificates;

1. Article 347 (1) of the Criminal Act, which provides for the legal provisions on criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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