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(영문) 의정부지방법원 고양지원 2017.11.21 2017고정1029
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who operates a mutual certified broker with the trade name of "D Authorized Broker" in Pakistan.

On April 10, 2008, the Defendant made a false statement that “The Defendant would make payment together with the interest on the day on which he promised to lend money to the victim E for operating expenses in mediating real estate at a mutual non-bank located in Yongsan-gu, Seoyang-gu, Busan Metropolitan City.”

However, in fact, the Defendant had already been unable to change the amount of approximately KRW 78 million between 2007 and 2009 from other obligees, and thus, there was no intention or ability to repay the amount with the promise of the loan even if the Defendant borrowed the money from the damaged party.

Nevertheless, the Defendant, as seen above, received the total amount of KRW 30 million on May 22, 2008, including the amount of KRW 5 million from the victim who was deceiving the victim and received on April 10, 2008 from the victim as a gold, as well as the amount of KRW 5 million on July 4, 2008, KRW 5 million on August 13, 2008, KRW 100 million on August 13, 2008, KRW 3 million on September 17, 2008, KRW 5 million on November 5, 2008, and KRW 6 million on February 5, 2009 from the victim as the borrowed money.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a criminal investigation report (in case of a complaint, E telephone investigation), investigation report (in case of a witness F telephone statement hearing);

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

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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