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(영문) 대전지방법원 2015.05.07 2014고정1517
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On October 24, 2010, the Defendant, at E’s house running “D entertainment tavern” in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, lent KRW 6 million as it is necessary to pay the victim F with the amount of KRW 10 million. The head of E would have to pay the amount of KRW 6 million because he/she did not have any money. The head of E would have to receive the time limit for the extension, and if he/she lends the amount of KRW 6 million to Nea, he/she would be paid in full after two years.”

However, even if the Defendant borrowed money from the victim, the Defendant did not have any idea to work in good faith in the D entertainment tavern, and there was no other income, and there was no ability or intent to pay the said money within a given period.

As above, the Defendant, by deceiving the victim, received 6 million won from the victim in the same place, and acquired it by deception.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each statute of law to witness F and E;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. On October 22, 2010, the summary of the facts charged, the Defendant, at the office of Seodaemun-gu Seoul Metropolitan Government, concluded that “D entertainment tavern E operated by Seodaemun-gu, “If he/she has to repay any damage to his/her entire business establishment and has to collect monthly rent, he/she shall be paid in good faith for two years from the day after the day, if he/she lends money as a prepaid deposit and security deposit to she,” and made a false statement to she.

However, even if the Defendant received the advance payment and the deposit from E as above, he did not have any idea to work in good faith at the above establishment, and there was no other possibility or intention to pay the said money within the time limit due to the lack of income.

The Defendant, as above, borrowed the money of KRW 14.8 million from the victim F to the F, which the Defendant shall belong to E and return to F from the victim F, and then is 14.8 million won.

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