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(영문) 인천지방법원 2013.09.16 2013고정1240
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. The Defendant, around October 2007, at a law firm C office located in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, the victim D (58 years of age, women) stated that “I will start with 7-8 years of age, I will start up with 8 million won of advance payment, and will pay the advance payment at the time of retirement.”

Even if the defendant receives a prepaid payment, he was given 8 million won to the victim under the pretext of the prepaid payment, even though he did not have the intention or ability to pay it.

2. The defendant around 2007 lent 3 million won to the victim D in the Gangseo-gu Seoul Metropolitan Government E's studal walone month.

The term "highly" was ‘highly.

Notwithstanding the absence of the intent or ability to repay the borrowed money, the Defendant received three million won from the victim as the borrowed money.

As a result, the Defendant received a total of KRW 11 million over twice.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

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

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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