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(영문) 서울중앙지방법원 2016.09.22 2016고정2269

사기

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On March 30, 2012, the Defendant, in the vicinity of a park cemetery cremation center located in Yancheon-gu, Yandong-si, Yandong-si, the Defendant: (a) around March 30, 2012, “it is necessary to operate D members in the city, distribute 50 copies of a certificate within this location, and distribute it in the city; (b) it is difficult to distribute the party hall now; (c) 50 copies of a certificate within 30 million won within the period of 1-2 months, and (d) lent 5 million won.

‘False words’ and 50 copies of a wing deed have been drawn up.

However, in fact, the defendant did not manage D members, and 50 copies of the furnment certificate issued on June 10, 201 did not have secured value and did not have any property or particular income owned by the defendant. Therefore, even if he borrowed money from the victim, there was no intention or ability to repay it.

Nevertheless, on March 30, 2015, the defendant deceivings the victim as above and acquired five million won from the victim to the Agricultural Cooperative Account in the name of the defendant on March 30, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

1. A copy of the certificate of deposit without passbook, and a certificate of sealing;

1. A written decision on seizure order for use of a charnel;

1. Application of Acts and subordinate statutes on the report of investigation;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

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;