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(영문) 서울남부지방법원 2015.04.24 2014고정3264
사기등
Text

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

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

Reasons

Punishment of the crime

1. On December 2010, the Defendant said that “The Defendant would pay the interest and principal of the loan if he/she borrowed the loan to the victim B, who had been a person who had been a soldier at the time of 2010.”

However, even if the defendant borrowed money from the victim, he did not have the intention or ability to pay it properly.

The Defendant, on December 9, 2010, transferred KRW 2 million from the victim, KRW 2 million on December 27, 201 of the same year, KRW 2 million on December 28, 201 of the same year, KRW 2 million on February 18, 201, and KRW 2 million on February 18, 201, to the national bank account in the name of the Defendant.

2. The Defendant, through the game club, came to be hedging with the victim B, and the victim came to know that he had come to death with another woman of the game club, and subsequently, the Defendant spreaded false facts, thereby making the victim new stocks.

Around May 7, 2012, the Defendant was aware of the fact that the Defendant was pregnant or performed a mid-term operation of the victim’s child. However, the Defendant was aware that the said game club member C was pregnant of the victim, and that the victim had the victim performed a mid-term operation for a period of three months of pregnancy.

Accordingly, the defendant has damaged the reputation of the victim by openly pointing out false facts.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. The police statement concerning B;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 347(1) of the Criminal Act, Article 307(2) of the Criminal Act, Article 307(2) of the Criminal Act, and the selection of a fine for negligence as to the crime;

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

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

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

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