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(영문) 서울중앙지방법원 2016.07.14 2016고정1432
사기
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Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On September 1, 2009, the Defendant made a false statement to the victim C at the Seoul Special Metropolitan City Gwangjin-gu office, stating that “The Defendant shall have a full-time director, and the investment amount of KRW 5 million necessary to operate a medical device business and KRW 7 million,00,000,000,000 necessary for the medical device business, shall be paid together with the principal, within one month.”

However, the fact that the defendant, as the bad credit standing holder at the time, was in need of a deposit to seek a new house due to the failure to do so, and even if he borrowed money under the pretext of investing in the medical device business from the injured party, he thought to be used for the personal purpose of the defendant, such as living expenses, and did not have the intent or ability to repay the borrowed money within the agreed time limit.

Nevertheless, on September 1, 2009, the Defendant, by deceiving the victim as such, received the remittance of KRW 12 million from the victim to the post office passbook under the name of the Defendant from the victim to the post office around September 1, 2009, and received a total of KRW 17,230,000 from November 6, 2013 as shown in the attached Form from that time.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement 1, written complaint, and detailed statement of transfer of amount from damage to C by the prosecution;

1. Application of Acts and subordinate statutes to a report on investigation (the attachment of a detailed statement of account transactions and the amount of damage);

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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