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(영문) 서울서부지방법원 2013.11.20 2013고정1177
사기
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

around March 4, 2011, the Defendant made a false statement that “Around March 4, 2013, the Defendant would repay to the next month if he/she lends KRW 3 million to the victim D with no money to pay alcoholic beverages immediately.”

However, there was no intention or ability to pay money to others even if they borrow money from others, such as the principal place of business is difficult to do so, and the amount of debt from bonds to about 30 million won, etc.

At around 15:47 of the same day, the Defendant received KRW 2.9 million from the victim as the agricultural bank account of the Defendant.

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

Around June 8, 2011, the Defendant, “2013 High 1179,” made a false statement to the victim E, “If he/she borrowed money from others, he/she will recover credit after the third month and will change the debtor to another person in the future.” The Defendant, at the same time, received KRW 9 million from the victim as a loan, and acquired the money from the victim on the same day as a loan.”

Summary of Evidence

“2013 Goi177”

1. Defendant's legal statement;

1. The protocol of statement made by the police of D, 2013, 1179;

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on prosecutor's statement to E;

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the applicable criminal facts, the choice of fines;

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

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

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