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(영문) 대구지방법원 서부지원 2016.02.04 2015고단1845
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

Around March 2012, the Defendant met the “victim E who has prepared for a loan from the modern Switzerland Savings Bank” by introducing D from D’s office located in Gangnam-gu Seoul, Gangnam-gu, Seoul. In that place, the Defendant was well-known between the Defendant and the F and type of the modern Switzerland Savings Bank, and his life.

The loan that can be difficult to loan differs from KRW 100,000,000,000,000,000,000,000,000,000 won.

“The phrase “ was false.”

Since then, the Defendant received a loan from the modern Switzerland Savings Bank

On April 10, 2012, the first instance court around 10, 2012, held D and the victims in the mutual influence house located in Samsung-dong, Gangnam-gu, Seoul, provide meals to the victims, and the victim “A loan is KRW 100 million to the victims who requested the payment of the loans to F. The domestic business is well being used only for two weeks, and the repayment can be made immediately.

“The phrase “ was false.”

However, even if the defendant borrowed money from the injured party, there was no fund that can be repaid later than two weeks, and it was thought that he continued to avoid the victim's demand for repayment, and that he did not pay it only once.

In the end, the Defendant, as above, by deceiving the victim as above, obtained the 10 million won check from the injured party at the face value of KRW 10 million and acquired the total of KRW 100 million.

Summary of Evidence

1. The defendant's legal statement (the second public trial date);

1. Each prosecutor's statement protocol concerning E, G, and D;

1. Investigation report (to be accompanied by a detailed statement of transactions to be submitted by an complainant);

1. Application of Acts and subordinate statutes, such as inquiry of transaction details;

1. Relevant Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act regarding the crime, the selection of a fine (including the fact that a person makes a confession of a crime late and appears to reflect it, the full amount of the money acquired by the victim was returned, and the victim was not punished against the defendant, etc.);

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

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