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(영문) 서울중앙지방법원 2016.01.12 2015고정3794
사기
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

1. From around 2011 to 2012, the Defendant made a false statement to the victim B, who was aware of in a society near the new forest located in the Gwanak-gu, Seoul Special Metropolitan City (Seoul Special Metropolitan City), stating that “I would immediately repay money in need of hospital expenses” to the victim B.

However, even if the defendant borrowed money, he did not have the intention or ability to repay it because of economic difficulties.

The Defendant received 4 million won in cash immediately from the injured party.

2. On March 21, 2012, the Defendant stated that “If the Defendant loaned KRW 6 million to the victim B as it is necessary to open the same cause C, it would be possible for C to pay money from time on January 2014, 2014.”

However, there was no difference in the lending of money by C at the time, and even if the Defendant borrowed money from the damaged party, there was no intent and ability to repay the money due to economic difficulties.

The Defendant received 6 million won immediately from the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A complaint;

1. Report on investigation;

1. The application of Acts and subordinate statutes to a loan certificate, inquiry of the results of transfer, and the certificate of transfer confirmation;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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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