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(영문) 서울중앙지방법원 2013.08.29 2013고정967
사기
Text

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

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

Reasons

Punishment of the crime

1. Around August 30, 2010, the Defendant stated that “A victim B shall be paid within 10 days including interest, if he/she loans KRW 10 million to operate a bank in a non-permanent area located in the Dong-dong, Dongjak-gu Seoul Metropolitan Government.”

However, in fact, the defendant was not able to operate a guidance normally because he was unable to recruit the members of the fraternity at the time, and there was no intention or ability to repay the above loan to the victim.

The Defendant received KRW 10 million from the victim, namely, the victim’s false statement, and acquired it by fraud.

2. Around May 11, 2011, the Defendant said, “Around the Seocho-gu Seoul Metropolitan Government Enterprise Bank nearby the Seocho-gu Enterprise Bank, the Defendant would make reimbursement of KRW 20 million to the victim within ten (10) days, along with the amount of KRW 10 million that he/she leased prior to the loan of KRW 10 million to operate the bank.”

However, in fact, the defendant was not able to operate a guidance normally because he was unable to recruit the members of the fraternity at the time, and there was no intention or ability to repay the above loan to the victim.

The Defendant received KRW 10 million from the victim, namely, the victim’s false statement, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of the police protocol protocol law to B

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

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

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