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(영문) 서울중앙지방법원 2018.10.18 2017고정3583
사기등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On January 21, 2014, the Defendant is required to pay money to the victim D in the restaurant “C” located in Bupyeong-si, Busan.

Since there is a space between the instant case and E with well-known knowledge, it is believed to conclude a written agreement with the said E, and if some agreement is received, it is different to lend the agreed money. Accordingly, it is possible to take responsibility for the inside and receive the money received from the E, as well as to make an investment.

“A false statement” was made.

However, the facts did not have the intention or ability to repay even if they borrowed money from the injured party.

On January 23, 2014, the Defendant received from the injured party a total of six times, including KRW 5 million in the Korean bank account (Account Number: G), KRW 500,000,000 on April 5, 2014, KRW 1500,000 on May 18, 2014, KRW 100,000 on May 30, 2014, KRW 300,000 on June 26, 2014, and KRW 4 million on June 27, 2014.

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 criminal investigation report (Submission of a detailed statement of account of a suspect and F person's bank account);

1. Application of Acts and subordinate statutes to a full statement of transactions in a foreign exchange bank, a full statement of transactions in a single bank, a copy of a bankbook, and a copy of archives

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

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act, which is the order of provisional payment;

1. No person, other than an attorney-at-law, shall receive or promise to receive money, valuables, entertainment or other benefits, and handle any reconciliation or other legal affairs in connection with the general legal cases, or mediate such acts;

Nevertheless, the Defendant, on January 21, 2014, may receive KRW 200 million from D on behalf of the restaurant “C” located in Bupyeong-si, Busan.

After the end, on January 23, 2014, the law firm located in three floors in Seocho-gu Seoul Metropolitan Government H Building.

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