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(영문) 서울동부지방법원 2014.02.04 2013고정2375
사기
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

On April 24, 2013, the Defendant called the victim C at an infinite place and called the victim C to the effect that “the business was in progress,” but the documents were in progress. First of all, if the Defendant borrowed only one million won, he/she would have repaid within two weeks and recover the land.

However, in fact, the above victim's efforts to recover the real estate in Gangnam-gu Seoul E in the name of father-D and would be able to recover the real estate with the knowledge of the fact, and there was no intention or ability to recover the above real estate to the victim.

The Defendant received a total of one million won from the victim from April 24, 2013 to the account of community credit cooperatives (F) in the name of the Defendant from April 25, 2013 to February 25 of the same month.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement regarding C;

1. Application of the Acts and subordinate statutes governing deposits without passbook;

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

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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