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(영문) 서울북부지방법원 2014.07.16 2013고단3175
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

At the time of the Defendant’s lending of money from the Victim C (Nam, 49 years of age) to the Defendant, the Defendant had a very difficult financial situation to the extent that it was unable to repay the money properly, and was thought to use the money to gambling from the Defendant;

1. Around February 8, 2013, at the E office located in Seoul Special Metropolitan City D around February 8, 2013, “the internal head of the E office is a representative of the F Company, who is not a monthly wage of five million won, and is entitled to five million won in cash from the victim;

2. On February 18, 2013, a victim's office located in Guro-gu Seoul Metropolitan Government means that "if the victim has paid money of 30 million won to the victim with the monthly salary of the company materials and employees and 30 million won, the victim will pay 15 million won to the victim, including the borrowed money from E or his/her customer to March 22, 2013, the victim will receive money from E or his/her customer, and the victim will receive 10 million won from the victim, and 30 million won from E will not be paid due to the failure to pay the material of the company, and 30 million won will not be paid due to the failure to pay the material of the company, and 25 million won will be paid with money from E to March 22, 2013, including all borrowed money from the victim to H bank account in the name of the defendant, the victim will receive 10 million won from the victim to the K bank account in the name of the defendant;

4. On February 23, 2013, at the victim’s office located in Guro-gu Seoul Metropolitan Government, “the victim has no surplus funds, and there is 30 million won to receive E, and if the victim borrowed 5 million won more, he/she shall receive money from E to complete payment up to March 22, 2013.” The victim received KRW 5 million from the victim’s account in the name of the Defendant H.

After all, the defendant deceivings the victim, thereby deceiving 30 million won in total.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Application of Acts and subordinate statutes to the interrogation protocol prepared by the public prosecutor;

1. Article 347 of the Criminal Act applicable to the crime and Article 347 of the choice of punishment.

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