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(영문) 서울동부지방법원 2016.12.22 2016고정1893
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

The Defendant, as a person operating Health Assistant Manufacturing Business Group (ju)B, did not have any particular property, and did not have any intent to repay the money borrowed from the victim C even if the Defendant received the company’s investment funds from a third party, and was planned to use 47 million won out of the money borrowed from the victim as a house deposit for the Defendant’s residence. However, on August 2010, the Defendant was issued a false statement stating that “the amount of company’s investment is expected to be immediately set off at the Defendant’s office located in Guro-gu Seoul Metropolitan Government (hereinafter referred to as Guro-gu). It is necessary to transfer the company to a factory-type apartment located in Guro-gu Seoul Metropolitan Government and to return the company’s house collection cost, and KRW 7 million to KRW 1.7 million from the Defendant’s account in the name of the Defendant, KRW 37 million from the Defendant’s bank account (E), KRW 1,000,000,000 won, KRW 37 million on August 1, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Application of the police protocol law to C

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Selection of Fine;

1. Articles 70 (1) 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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