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(영문) 서울서부지방법원 2016.12.08 2016고정1043
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On November 12, 2015, the Defendant stated that “A person may assist in the planning of a new business for Chinese tourists” to E in the vicinity of the victim D (representative director E, partner F) office located in Mapo-gu Seoul Metropolitan Government, “A person shall be paid within one month if he/she borrowed KRW 1.2 million as he/she urgently requires money.”

However, in fact, the defendant did not have any intention or ability to repay even if he borrowed the above money without any basic living cost.

Nevertheless, the Defendant, as if he/she repaid the money borrowed from the victim company within one month as above, was deceiving the representative director E of the victim company, and was transferred 1.2 million won from the victim company to the Agricultural Cooperative account (Account Number:H) in the name of the Defendant-friendly G with the same day as the loan money.

2. Around January 31, 2016, the Defendant sent a false text message to the effect that “F will repay five million won after one month if he/she lends it to F, due to the circumstance of the settlement, due to the circumstance of the settlement,” from the Defendant’s dwelling at the Defendant’s dwelling at 11/201 and 11/201.”

However, in fact, the defendant did not have any intention or ability to repay even if he borrowed the above money without any basic living cost.

Nevertheless, the Defendant, as if he were to repay the money borrowed from the victim company within one month as above, deceiving F and the representative director E of the victim company, and it was transferred from the victim company to the Agricultural Cooperative account in the name of Defendant-friendly G as the borrowed money on February 1, 2016.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. A detailed statement of passbook transactions;

1. Application of the Stockholm statutes;

1. Article 347 (1) of the Criminal Act and Article 347 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 70 of the Criminal Act for the Detention of Labor House Head.

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