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(영문) 서울남부지방법원 2014.04.25 2013고정3826
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

The defendant is a person who has operated a amusement room on the first floor of Yangcheon-gu Seoul Metropolitan Government C building.

1. Around February 11, 2009, the Defendant: (a) at the above entertainment room’s office was causing personal damage to KRW 100 million; (b) at the time of the above entertainment room’s office was merely 2 million to KRW 3 million; and (c) even if the monthly income was borrowed money from the victim D, the Defendant did not have any intent or ability to repay the money within 2 months; (c) provided that if the Defendant borrowed the money from the victim, he/she would repay the money by adding 10 million interest to KRW 15 million after 2 months from the entertainment room; and (d) received the money from the victim to receive KRW 15 million from the victim; and (e) on June 2, 2009, the Defendant borrowed the money from the above entertainment room’s office to the above entertainment room’s office without any intention or ability to repay the money to KRW 15 million from the victim within the period for repayment of the money, the Defendant, despite having no intention or ability to lend the money to the victim.

"Falsely speaking, it was obtained 15 million won from the victim, and acquired it by fraud.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to a copy of a loan certificate and a statement of banking transactions;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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