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(영문) 서울중앙지방법원 2014.09.24 2012고정5752
사기
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On April 26, 2012, the Defendant was sentenced to imprisonment with prison labor at the Seoul Central District Court for fraud, and the judgment was finalized on July 20, 2012.

On December 2, 2009, the Defendant told the victim C’s agent D to ask for whether it is possible to offer a bank loan to prepare a purchase price in the French coffee shop located in the Seoul Gwangjin-gu Seoul Special Metropolitan City, Seoul, the second half of December, 2009, that “I would arrange to allow the payment of KRW 10 million to be made in the telecom appraisal cost required for the examination of bank security loan first, so that the Party may obtain a loan of KRW 70 million from the bank.”

However, even if the Defendant received the above KRW 10 million from the victim, the Defendant was merely willing to consume it with personal debt, etc., and did not intend to use it for the purpose of appraisal costs, and there was no intention or ability to allow the victim to obtain a bank loan of KRW 700 million.

On December 23, 2009, the Defendant, by deceiving the victim as above, received KRW 10 million from the victim to the national bank account in the name of E, a company, under the name of E, in order to acquire it by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. Statements made by witnesses F and G in the fourth trial records;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. The part concerning the defendant's statement in G of the police interrogation protocol

1. The police interrogation protocol of G (including the F’s statement part);

1. Statement made by the police of the F;

1. He/she shall pay for the Helher contract or remittance table;

1. A complaint;

1. Previous records: Investigation report (verification of previous records and facts of concurrent crimes by the accused), summary agreement meetings, and application of Acts and subordinate statutes of each judgment;

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 (1) 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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