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(영문) 수원지방법원 안양지원 2017.07.14 2017고정174
사기
Text

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

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

Reasons

Punishment of the crime

1. On January 23, 2009, the Defendant borrowed money to the victim C before the cash withdrawal period in Samsungcheon-dong Samsung Lifelong Building located in Gangseo-gu, Seocheon-si, Ycheon-si, and then borrowed money to the victim C. When the Defendant borrowed money, the Defendant would give three additional interest to the principal every month.

‘False speech' was made.

However, even if the defendant borrowed money from the injured party, he did not have the intention or ability to repay it.

Nevertheless, the defendant was delivered one million won in cash to the injured party at the above time and place.

2. On February 28, 2009 at the same place as Paragraph (a) on February 28, 2009, the Defendant: (a) borrowed money; (b) borrowed money; (c) borrowed money; (d) borrowed money to the principal of the month; and (e) granted three additional interest.

‘False speech' was made.

However, even if the defendant borrowed money from the injured party, he did not have the intention or ability to repay it.

Nevertheless, the defendant was given 2 million won in cash at the time and place of the damage by the victim.

3. On August 2009, the Defendant loaned money to the 'E' restaurant located in Gangseo-gu Seoul Special Metropolitan City D'E, and then borrowed money. If the Defendant borrowed money, she will give three (3) interest to the principal of each month.

‘False speech' was made.

However, even if the defendant borrowed money from the injured party, he did not have the intention or ability to repay it.

Nevertheless, the defendant was delivered one million won in cash to the injured party at the above time and place.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Each police statement protocol with respect to C (net 14,18);

1. A detailed statement of insurance contract lending transactions (C and Samsung Bio-resources applicable to statutes);

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (a comprehensive determination 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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