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(영문) 서울중앙지방법원 2018.07.05 2018고정868
사기
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On February 2, 2016, the Defendant is entitled to receive money from the person ordering the victim C by leaving a phone to obtain money from the victim C, where “Any person who purchased trees to conduct landscaping business and grants any balance of trees.”

It is possible to lend KRW 10 million to us without molding it.

The phrase “ makes a false statement.”

However, at the time of fact, the landscaping company operated by the defendant had already suspended business on December 2, 2015 at the end of the failure to pay taxes due to business depression, and even if the defendant borrowed money from the damaged party, he did not have any intention or ability to pay the money.

The Defendant received a total of KRW 10 million from the injured party on February 12, 2016 and KRW 10 million on February 22, 2016 from the injured party to the account of the Nonghyup Bank of the Defendant, and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against C;

1. Statement made by the police against C;

1. Details of transactions on complaint forms and accounts;

1. Each investigation report [Reports on the authenticity of the statement that the respondent has a claim for the development of the Yeongdeungpo Industrial Development Co., Ltd., verification of the user of the borrowed loan, confirmation of the suspect's debt details received by the complainant] shall apply to statutes;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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