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(영문) 의정부지방법원 2014.06.19 2014고정468
사기
Text

Defendant shall be punished by a fine of two million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. Around July 26, 2011, the defrauded: (a) around July 26, 2011, the Defendant stated that “D” located in the Gu Government-Si Da operated by the Victim B would be repaid one year after the Defendant’s business resulting in the Plaintiff’s business if it is too difficult to operate the current business; and (b) if it lends KRW 20 million to the victim, it would be repaid after one year.

However, the Defendant had failed to pay the above money even if he borrowed the money from the victim, because the Defendant had failed to pay the money for the business in excess of the debt at the time.

Nevertheless, the Defendant made a false statement to the victim and received KRW 10 million in cash on the same day from the victim, and received KRW 10 million from the Defendant’s account.

Accordingly, the defendant, by deceiving the victim, received property equivalent to the above amount and acquired property benefits.

2. Around September 5, 2011, the fraud Defendant called, “F” operated by the Defendant in Yangju-si, the Defendant called, “B” and “B, even if all, the Defendant should have to pay back KRW 30 million, if he/she lends money to the local area as he/she is short of the amount to be included in the calculation of tax base of tax to the local area.”

However, the Defendant had failed to pay the above money even if he borrowed the money from the victim, because the Defendant had failed to pay the above money in return for the profit of the business operated by the Defendant with excessive liabilities.

Nevertheless, as above, the Defendant seems to have made a false statement to the victim, and the “2013.......,” as stated in the written indictment from the victim, appears to be a clerical error in the “2011......”

9.A total of KRW 10 million was transferred to the Defendant’s account on May 1, 200 and around 23th of the same month, and on two occasions.

Accordingly, the defendant, by deceiving the victim, acquired property benefits equivalent to the above amount.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of the Acts and subordinate statutes to the passbook copy, duplicate copy of passbook, and loan certificate copy;

1. Criminal facts;

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