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(영문) 전주지방법원 남원지원 2015.01.06 2013고정32

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

On May 13, 2012, the Defendant made a false statement to the effect that “If you send the advance payment of KRW 4 million, I will send the advance payment to the victim E who operates the Dda in the Namwon-si, Namwon-si.”

However, even if the defendant received the advance payment from the victim, he did not have the intent or ability to introduce multiple employees to the victim.

Nevertheless, the Defendant, by deceiving the victim as above, received the advance payment of KRW 4 million from the victim to the Agricultural Cooperative Deposit Account in the name of the Defendant F on the same day.

Summary of Evidence

1. Legal statement of witness G;

1. Each police interrogation protocol of the accused (including the statement of E);

1. Statement to E by the police;

1. A complaint;

1. A specification of transactions;

1. Application of Acts and subordinate statutes to investigation reports (to hear statements of complainant E);

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

1. Articles 70 (1) 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;