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(영문) 서울서부지방법원 2014.09.04 2014고정383
사기
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

At the end of September 26, 2011, the Defendant made a false statement to the victim C, stating that “A person need to pay money to operate his/her business. If the Defendant borrowed KRW 15 million, 100,000,000,000,000 will be used for 10 days and paid interest, and her husband and her own business are in operation with his/her husband. In life, he/she does not borrow money from others so far, and he/she does not borrow money for the first time.”

However, the nominal owner of the 49-year apartment house was the defendant, not the defendant, and the defendant was the insurance solicitor, and even if he borrowed money from the victim with a debt of about 35 million won, there was no intention or ability to repay the money to the victim.

Around September 27, 2011, the Defendant, by deceiving the victim, received KRW 15 million from the victim to the new bank account in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Details of passbook transactions and application of Acts and subordinate statutes on loan certificates;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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