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(영문) 대전지방법원 천안지원 2013.11.01 2013고정920
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is a public official in C who works in the B University Promotion Team.

The Defendant stated that, around October 5, 2012, the victim E operating (State) D, which was known in the course of asking for a cadastral confirmation survey on the B college site, “I would like to pay 10% interest to the other installment savings after the month when I would like to pay 30 million won of the house if I would lend money to the victim E that I would have to pay 30 million won of the house.”

However, the defendant did not have a deposit in the official residence, and he did not have an intention or ability to repay the borrowed amount because there was no installment deposit which was paid by the defendant, while he did not have an individual obligation equivalent to KRW 140 million.

As such, the Defendant, by deceiving the victim as such, received 15 million won from the victim for the same day as the loan money, and received 25 million won in total twice on the same name as the 10th day of the same month and acquired 25 million won from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. Complaint;

1. Application of Acts and subordinate statutes on a loan certificate and a detailed statement of passbook transaction;

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

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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