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(영문) 서울남부지방법원 2016.08.19 2015고정2532
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On September 2010, the Defendant made a false statement to the G Construction Site G located in the Gyeonggi-si F, Gyeonggi-do, that “The Defendant would pay the Defendant with the payment of the construction cost if he/she borrowed money from the victim D, even if he/she did not have any intent or ability to pay the payment,” and “The Defendant would pay the Defendant with the payment of the construction cost if he/she borrowed the money immediately.”

The Defendant received KRW 1,100,000 from the injured party for a loan from the seat, i.e., the Defendant received KRW 1,10,000 from the damaged party for the loan, and from around that time to November 9, 201, the Defendant received KRW 24,50,000 in total five times in the same way as indicated in the daily list of crimes in the attached Table.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. A complaint, an explanatory note, and a letter;

1. Application of investigation reports (the submission of details of deposits for H construction costs and disbursement details) Acts and subordinate statutes;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Articles 70 and 69(2) of the former Criminal Act (Amended by Act No. 12575, Apr. 14, 2014);

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

1. Articles 25 (1), 31 (1) and 31 (2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Compensation Orders;

1. Determination as to the assertion by the Defendant and his/her defense counsel under Article 31(3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings Concerning

1. The defendant does not pay money due to the absence of circumstances such as dishonor, and he does not intend to obtain money by fraud.

2. The following circumstances acknowledged by the evidence revealed earlier, namely, the Defendant was working for the victim D.

I operate an enterprise that has undertaken the construction with H’s office, and the victim would pay the loan as the construction cost that the defendant would have received from H.

In reliance on defects and lending money several times, such as the statement in the list of crimes, and the defendant, however, from IB H.

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