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(영문) 서울중앙지방법원 2013.09.26 2012고단5688
사기
Text

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

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

Reasons

Punishment of the crime

1. Around July 16, 2008, the Defendant against the victim D told the victim D to the effect that “The victim would repay within two months if the victim lent expenses, such as entertainment expenses, such as persons related to construction, for the purpose of receiving the pelvis construction, to the extent that it is necessary to cover expenses, such as entertainment expenses, for the purpose of obtaining the pelvis construction.”

However, in fact, the Defendant had a debt equivalent to KRW 60 million at the time, and there was no other income or property, so even if he borrowed money from the victim, he did not have the intent or ability to repay it.

As above, the Defendant, by deceiving the victim as above, received 20 million won from the national bank account under the name of the Defendant under the pretext of borrowing money from the victim.

2. Around 20:30 on June 17, 201, the Defendant stated that “A victim G (the 43-year-old age) needs to pay KRW 20,000,000 as business funds. If the Defendant borrowed the money, he/she would immediately be paid the money by July 1, 201.”

However, the defendant had already been liable for 80 million won, and there was no other income or property, so even if he borrowed money from the victim, he did not have the intent or ability to repay it.

As above, the Defendant, by deceiving the victim and deceiving the victim as such under the pretext of borrowed money from the victim, was remitted from the victim to the national bank account in the name of the Defendant around June 19, 201 as the borrowed money.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to D and G;

1. A copy of a cash storage certificate;

1. Application of the Acts and subordinate statutes on loan receipts, deposits without passbook receipts, resident registration certificates, and written notes;

1. Article 347 (1) of the Criminal Act and the choice of a fine concerning the crime;

1.Article 37 (former part), Articles 38(1)2 and 50 of the Criminal Code among concurrent crimes;

1. Circumstances unfavorable to the reasons for sentencing of Articles 70 and 69(2) of the Criminal Act for the detention of the workhouses: The victims shall be taken by deceiving them.

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