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(영문) 광주지방법원 순천지원 2016.06.23 2016고정122
사기
Text

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

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

Reasons

Punishment of the crime

1. On June 28, 201, the defrauded B provided the victim B with a “D cafeteria” operated by the Defendant located in Gangnam-gu Seoul Metropolitan Government around June 28, 201, and provided the victim B who was aware of his knowledge of his knowledge with a lease deposit of KRW 70 million as security, and repaid by December 28, 201.

“.......”

However, in fact, the above lease deposit was in the status of transferring the full amount of KRW 70 million to Capital, one stock company around February 28, 201, and even if the debt is more than the debt and borrowed money from the injured party, there was no intention or ability to repay it.

On the 29th of the same month, the Defendant, as above, received the money from the injured party to the national bank account (number : E) in the name of the Defendant’s name from the third party in the name of the restaurant operation fund, and acquired it by fraud.

2. On September 30, 201, the Defendant stated that “Around September 30, 201, the victim F Co., Ltd.: (a) the victim F Co., Ltd.: (b) the victim F Co., Ltd.’s employees stated that “The lease deposit of the restaurant operated by the victim Co., Ltd. is KRW 70 million; (c) the victim Co., Ltd. would transfer the restaurant amount of KRW 15 million as security; and (d) the victim F

However, for the above reasons, even if the victim borrowed money from the injured party, there was no intention or ability to repay it.

The Defendant, as seen above, received from the injured party the money of KRW 10 million from the said account on the same day to the said account on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and I;

1. A contract for transfer of deposit for lease;

1. The F Credit Transaction Agreement;

1. Application of the investigative report (Submission of Suspect A Data), and a copy of the bankbook;

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the selection of fines for the crime;

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

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 provides that a provisional payment order shall be issued.

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