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(영문) 서울중앙지방법원 2014.09.25 2014고정3603
사기
Text

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

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

Reasons

Punishment of the crime

On October 24, 2013, the Defendant was sentenced to a suspended sentence of 6 months in Seoul Eastern District Court for the crime of intrusion upon a structure, and the judgment became final and conclusive on November 1, 2013.

The Defendant is an employee in Songpa-gu Seoul Metropolitan Government B market “Cat” as an employee.

On September 9, 2013, the Defendant: “Around September 2013, the Victim’s Future Life Insurance Co., Ltd. paid KRW 154,00,00 per month interest at KRW 7.4% per month; the principal shall be paid in installments in the first year, 20% per year, 20% per year, and 60% per three years.” However, even if the Defendant borrowed money from the Victim, the Defendant did not have any intent or ability to repay the money.

Nevertheless, on September 9, 2013, the Defendant acquired the above money by acquiring KRW 25 million from the victim to the passbook (D) in his own name.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement of E;

1. An application for loan transaction, an agreement on loan transaction, credit information inquiry, and a letter of undertaking;

1. Previous convictions in judgment: Details of case search and application of statutes;

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. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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