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(영문) 서울중앙지방법원 2017.10.26 2017고정2947
사기
Text

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

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

Reasons

Punishment of the crime

On August 28, 2015, the Defendant is a real estate consulting service provider, at the “Law Firm C” office located in Seocho-gu Seoul Metropolitan Government B4th floor around August 28, 2015, and at the victim D who requires business funds, the Defendant is managing the total amount of KRW 30 billion.

In order to execute the loan, it stated that the lender will pay 30 million won a loan agreement to the lender."

However, the defendant thought that he would pay KRW 10 million to E among the above money, and 6 million won was thought to be used individually, and he thought that he would pay only the remaining money to his agents. Thus, even if he received the above money from the victim, he did not have the intention or ability to receive the loan by paying it to the lender in full.

Nevertheless, the defendant deceivings the victim as above, and he received 30 million won as the contract deposit for loan performance from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Written complaint, written petition, written consent to expenditure and receipt;

1. Application of Acts and subordinate statutes to reporting investigations by prosecutors and police;

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;

2. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

3. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment.

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