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(영문) 서울서부지방법원 2018.12.11 2018고단58
사기
Text

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

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

Reasons

Punishment of the crime

1. On February 2016, the Defendant made a false statement to the victim B at a casino located in the 265-ro of the Haak-gun, Gangwon-do Jong-gun, Chungcheongnam-do, Chungcheongnam-do, stating that “The Defendant would have three directors, who would have paid a deposit of KRW 60,000,000,000,000,000,000,000 won.”

However, in fact, the defendant was only liable for a few million won without certain occupation or special property, so even if he borrowed money from the injured party, he did not have any intention or ability to repay it.

Nevertheless, the defendant deceivings the victim as above and received 2 million won from the victim under the name of the borrowed money.

2. On March 2016, the Defendant made a false statement to the victim, stating that “The Defendant will immediately repay the victim with a loan of one million won as he/she needs living expenses,” at a place where it is not possible to know the place of light or light.

However, as stated in Paragraph 1, the Defendant did not have any intent or ability to repay money even if he/she borrowed money from the injured party, since he/she was in a state of debt without any specific property or occupation.

Nevertheless, the defendant deceivings the victim as above and received 1 million won from the victim as the borrowed money.

Summary of Evidence

1. Some statements made against the defendant during the police interrogation protocol;

1. Statement made by the police against B;

1. Application of the Acts and subordinate statutes to the complaint;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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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