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(영문) 인천지방법원 2014.11.14 2014고정2451
사기
Text

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

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

Reasons

Punishment of the crime

The Defendant, while operating the Yeonsu-gu Incheon Metropolitan City “D frequency collection”, did not have any intent or ability to repay money to others even if he/she borrows money from others, because his/her liabilities due to poor business operations increase due to the hostile operation, and the business is at risk of suspending the business.

Nevertheless, on January 20, 201, the Defendant concluded that, despite the fact that the owner of the building did not pay the deposit to the victim at the above D frequency, “it is necessary for the owner of the building to pay the deposit, and if the owner of the building borrowed money for two months until March 26, 2011, the Defendant would use the deposit amount for two months until March 26, 201, and pay the deposit amount of KRW 5,000,000 as well as the bank interest rate.”

The Defendant, as above, by deceiving the victim as above, received KRW 15,00,000 from the victim as the loan money in its place.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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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