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(영문) 서울중앙지방법원 2018.01.30 2017고정3876
사기
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

On May 24, 2013, the Defendant was sentenced to four years of imprisonment for fraud at the Seoul Central District Court, and the said judgment became final and conclusive on September 3, 2013.

On September 201, the Defendant received a loan of KRW 10 million,00,000,000 from the Defendant to the Victim B by telephone, and paid the principal KRW 10,500,000,000 to the Defendant.

The phrase “ makes a false statement.”

However, in fact, the Defendant did not carry out the real estate-related business at the time when there was no particular property or income, or did not prepare for the business, and was required to lend money from others for various purposes, and thus, even if he borrowed money from the damaged party, there was no intention or ability to complete the payment.

The defendant deceivings the victim as above and transferred 7.5 million won to the bank account (C) account in the name of the defendant from the victim.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Complaint;

1. Police investigation report (Submission of a complainant and a detailed statement of transfer);

1. Details of new bank transactions;

1. Previous convictions: References to inquiries, such as criminal history, reports on investigation by the prosecution, and application of the statutes governing the judgment;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

2. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

3. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

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

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