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(영문) 서울남부지방법원 2013.05.14 2013고정970
사기
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On February 7, 2013, the Defendant was sentenced to eight months of imprisonment for fraud at the Seoul Southern District Court, and the judgment became final and conclusive on March 14, 2013.

On November 201, 201, the Defendant made a false statement to the Victim B, “The money to operate a restaurant is insufficient, the Defendant opened a restaurant with the money of KRW 5 million on the loan of KRW 5 million, thereby repaying KRW 2 million on December 201, and repaid the remainder by February 201.”

However, the defendant did not have any particular property at the time, and there was no intention or ability to pay the above money even if he did not receive the money from the victim due to the lack of financial status to the extent that the passbook would be seized because the defendant failed to pay the above money with the amount of 60 million won and the medical insurance premium was paid properly.

Around the 15th day of the same month, the Defendant, by deceiving the victim, received 4.6 million won from the victim to the account under the name of the Defendant, and had the victim pay 40,000 won of the premium on the same day, thereby acquiring property profits equivalent to the same amount.

Accordingly, the defendant deceivings the victim and defrauds 5 million won in total.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol protocol law to B

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 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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