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(영문) 수원지방법원 안양지원 2015.05.01 2014고정939
사기
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

From July 2010 to April 201, the Defendant became aware of the Victim E, a liquor supplier who supplied alcoholic beverages to the said restaurant while operating a restaurant at the Manyang-si C in Ansan-si.

On January 6, 2011, the Defendant: “Around January 6, 2011, at the above restaurant, borrowed KRW 10 million from January 6, 201 to November 6, 201, the Defendant provided that the Defendant would transfer the Plaintiff’s overall facilities and business license to the above restaurant if the monthly repayment is delayed twice or more.”

However, at the time of the above restaurant sales, the Defendant had no particular revenue or property except KRW 5 million per month (the Defendant’s assertion), while the Defendant had a debt of KRW 400,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,00,000,00,00,000,00,00,00,00,00,00.

As such, the Defendant, by deceiving the victim, received KRW 10 million from the victim’s credit account in the name of the Defendant on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to a copy of a transaction contract or a copy thereof;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. Article 70(1) of the Criminal Act for the detention of a workhouse.

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