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(영문) 의정부지방법원 2013.04.18 2012고정1198

사기

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On June 13, 2011, the Defendant made a false statement to the effect that “The Defendant will pay back the face value of KRW 10 million to the victim so that he/she can withdraw the face value of KRW 10 million because he/she is likely to do so,” by joining the number system that consists of 13 members of the fraternity organized by the victim D in Seoul Special Metropolitan City, Gwanak-gu, Seoul Special Metropolitan City (1204) and pay KRW 840,000 per week.”

However, in fact, there is no particular property, and there is no income, and there is no intention or ability to pay the fraternity even if it is paid by the victim because it has been paid the fraternity by borrowing credit loan or bonds.

As such, the Defendant, by deceiving the victim, received KRW 10 million from the victim to the new bank account of E designated by the Defendant under the pretext of the guidance, did not pay only two installments, and did not pay any more, thereby acquiring property profits equivalent to the said amount.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by witnesses D in the fourth trial records;

1. A complaint;

1. Application of Acts and subordinate statutes on accounting books submitted by complainants;

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

1. Determination as to the defendant's defense counsel's assertion under Articles 70 and 69 (2) of the Criminal Act for the confinement of a workhouse

1. The defendant asserts that he did not deceiving the victim, had the ability to pay the transferred money at the time, and the defendant did not receive the transferred money of KRW 10 million, and he remitted the money above that received from the victim to the transferred money.

2. According to the evidence examined earlier, the Defendant paid the amount of KRW 10,00,00,000,000,000,000,000,000 from February 16, 201, which was operated by the victim as of June 13, 201 (Article 7), KRW 2,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,00.