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(영문) 서울북부지방법원 2015.05.22 2014고정2887
사기
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On November 15, 2013, the Defendant, at the Defendant’s clothing retail store located in Dongdaemun-gu Seoul Metropolitan Government, borrowed money from the victim D, but did not have the intent or ability to repay the money, but, on the other hand, the Defendant made a false statement to the effect that “if the amount of the card to be given is urgently required, if the amount of KRW 5 million is lent to the victim, it shall be paid with three installments interest, and it shall be repaid without molding as of December 5, 2013, which is one month after the end of the month.” The Defendant received from the victim who believed the end immediately, KRW 50,000,000 won of the cashier’s checks.

Summary of Evidence

1. Legal statement of witness D;

1. Statement made to D by the police;

1. Investigation report ( telephone conversations with a suspect);

1. Application of Acts and subordinate statutes on the monthly rent contract;

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 (1) 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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