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(영문) 춘천지방법원 강릉지원 2013.08.22 2012고단469
사기
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On January 19, 2012, the Defendant was sentenced to imprisonment with prison labor for ten months and two years of suspended execution on January 27, 2012 with prison labor for the crime of injury resulting from confinement in Gangseo branch court of the Chuncheon District Court.

On July 3, 2011, the Defendant stated that “The Defendant shall lend money to another person in his/her country” at the underground parking lot of a golf course in Gangnam-si B, Gangnam-si, and that “if the money is insufficient, the Defendant will lend the money to another person, receive interest, and the principal will immediately be repaid at any time when it comes to return the money.”

However, in fact, the Defendant did not normally operate the bond business that was operated at the time, and was thought to do gambling in the casino with money from the victim, so even if receiving money from the victim, the Defendant did not have the intention or ability to receive the interest from the victim.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 500,000 from the victim on the same date, and KRW 500,000 from the victim on July 5, 201, and acquired a total of KRW 1 million.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. An interrogation protocol of the police against the accused;

1. Requests for cooperation in investigation, confirmation of details of entry into casino, replies, and details of the issuance of casino admission tickets;

1. Results of inquiry into credit information;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (report attached to written judgments);

1. Article 347 (1) of the Criminal Act applicable to the crimes;

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

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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