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(영문) 서울중앙지방법원 2016.11.16 2016고정3033

사기

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant had a debt equivalent to KRW 17.1 million against B, and the Defendant did not have an intent or ability to borrow money from the victim C, or to pay the borrowed money or communication fee even if he/she borrowed money from the victim’s cell phone without any fixed income or any other economic capacity.

1. On March 2, 2012, the Defendant concluded on March 2, 2012 that “If the Defendant borrowed KRW 2 million as a result of a failure to drive away from house or due to the lack of living expenses, the Defendant would make a false statement to the victim within one week if he/she borrowed KRW 2 million.”

The defendant acquired 2 million won from the victim to the corporate bank account (D) in the name of the defendant on the same day.

2. On April 16, 2012, in the vicinity of the additional digital station located in Geumcheon-gu Seoul Metropolitan Government, the Defendant stated, “The Defendant acquired the pipe building management business in his/her name, made his/her business registration in his/her name, made the business safe for 20 years, and would pay the pipe building management business after this framework if it is more than 20 million won, and the Defendant would make the cell phone open to the cell phone in his/her name.”

The defendant acquired 2 million won from the victim to the above account, and obtained 637,120 won from the victim's mobile phone (E) and obtained 637,120 won from the victim's mobile phone.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A complaint;

1. A detailed statement of passbook transactions;

1. Application of the laws and regulations governing the notice of receipt of KT;

1. Article 347 (1) of the Criminal Act and Article 347 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

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

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;