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(영문) 제주지방법원 2013.07.24 2013고정382
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On June 2012, the victim C was introduced by the defendant in a situation where it is necessary to do so. At the request of the defendant, the victim C borrowed 20 million won from E as security in the D Building 101 and 1002 at the time of Jeju.

On June 14, 2012, the defendant, at G office located in Jeju CityF, introduced E, so that he/she can use 20 million won in equal installments, if he/she borrowed 20 million won and borrowed 10 million won in equal installments, he/she would be paid the principal to E, and he/she will be paid the principal within three months.

However, in fact, the Defendant did not have any obligation amounting to about 40 million won at the time, and as there was no special property or occupation, there was no intention or ability to repay the debt even if the Defendant borrowed money from the victim.

The Defendant, as such, by deceiving the victim, received KRW 9,100,000 from the victim as the borrowed money on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement by the prosecution against C;

1. Application of Acts and subordinate statutes, such as the details of admission and withdrawal, and certified copy of register;

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

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

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

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