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(영문) 수원지방법원 안산지원 2013.12.27 2013고정973
사기
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

Even if the Defendant borrowed money from the victim B, he did not have the ability or intent to repay it.

Nevertheless, the Defendant, on June 28, 2010, falsely stated that “If he/she lends only one month to the victim, he/she shall be 45 million won or more, he/she shall be 1 million won or more from the victim’s account in his/her name.” On July 27, 2010, the Defendant borrowed 1 million won or more from the victim’s account in his/her name to the account in his/her name. (2) around Jun. 30, 2010, the Defendant borrowed 1 million won or more from the Defendant’s bank in his/her own name in his/her own name and borrowed 1 million won or more from the Defendant’s account in his/her own name and borrowed 2 million won or more from the Defendant’s account in his/her own name.” (3) On July 27, 2010, the Defendant borrowed 1 million won or more from the Defendant’s account in his/her own name and received 1.6 million won or more from the victim’s account.”

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes on transactions of passbooks;

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 and 69 (2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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