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(영문) 서울동부지방법원 2016.11.02 2016고정764
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On February 16, 2012, the Defendant was sentenced to imprisonment of one year and six months with prison labor at the District Court for fraud, etc., and on February 24, 2012, the said judgment became final and conclusive.

Around April 19, 2010, the Defendant made a false statement to the Gangnam-gu Seoul Metropolitan Government Office C office with the fifth and fifth floor Co., Ltd. that “If the Defendant borrowed KRW 10 million to the victim D, he shall pay the interest on every three copies of the month and return the principal at any time when the principal is desired.”

However, the defendant did not have the intention or ability to pay interest or return the borrowed principal even if he received money with bad credit standing at the time.

As above, the Defendant, by deceiving the victim, received 9.5 million won from the victim and acquired it by deceiving the victim.

Summary of Evidence

1. Each police interrogation protocol against the accused;

1. Statement made to D by the police;

1. Previouss before judgment: Application of criminal records, inquiry reports, and investigation reports (a confirmation during the confinement of a suspect's government prison);

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 (1) 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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