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(영문) 제주지방법원 2013.04.03 2013고정139
사기
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

Around 10:00 on May 29, 2008, the Defendant made a false statement to the effect that “The Defendant would make a check of the number of shares per 30 million won per 1 month to the victim D”, instead of being lent 30 million won per month only when the inside money is urgently required.

However, from around 2007, the Defendant issued a check of the number of shares equivalent to about 3 billion won in the name of F Co., Ltd. that he operated for the purpose of raising the E Company’s operating funds. In order to settle the above check of the number of shares, the Defendant borrowed approximately 1.5 billion won from the bond company and extended the repayment date in the form of a return prevention, and thus, the Defendant did not have any intent or ability to repay the borrowed money from the victim.

The Defendant, as such, by deceiving the victim, received 30 million won from the victim as the borrowed money in his/her job.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements, such as claims and debts, and attach written judgments);

1. Relevant provisions of the Criminal Act and Article 347(1) of the Criminal Act regarding criminal facts and the choice of punishment (see, e.g., the choice of fine, the agreement with the victim that the victim does not wish to punish the defendant, the confession and depth of the defendant in this case, and the physical disability of the defendant in this case);

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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