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(영문) 수원지방법원 안산지원 2017.06.28 2017고정400
사기
Text

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

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On August 14, 2014, the Defendant, within the office of the victim C, located on the sixth floor of the Yeongdeungpo-gu Seoul Metropolitan Government B building, received the victim’s “Eca shop” in Gangnam-gu, Gangnam-gu, with the money to be paid to the principal of the “Eca shop,” and had the victim take over the coffee shop in KRW 60,000,000.

If 20,000 won is insufficient and 20,000 won is loaned, the case will be included in the principal by accepting the coffee shop and selling it to 80,000 won immediately.

The phrase “ makes a false statement.”

However, the Defendant did not have any intent or ability to repay the money, even if he/she was aware that he/she would have taken over the “E coffee shop” and that he/she would have borrowed money from the injured party to use it for living expenses, etc.

As such, the Defendant, by deceiving the victim, obtained a total of three times, including KRW 5 million around August 14, 2014, KRW 5 million around September 16, 2016, KRW 10 million around October 17, 2014, and KRW 20,000,000 from the victim’s foreign exchange bank account (F) in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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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