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(영문) 서울남부지방법원 2016.06.13 2015고정2061

사기

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On August 4, 2010, the Defendant and B would supply the victims C with 50,00 mari from the first day of the Sari Sari Sari Sari at the Yan Agricultural Parking Site located in the Republic of Korea, Hari-nam Eup, Mari-si, Gari-si, Gari-ri, and supply feed while raising Sari-ri.

“The purpose of “ was to make a false representation.”

However, there was no intention or ability to supply sickly to the victim even if the Defendants received the payment from the injured party because the Defendants did not have sickia at the time.

The Defendant and B received from the victimized person the amount of KRW 5 million on August 6, 2010, KRW 500,000 on August 7, 2010, KRW 3500,000 on August 9, 2010, KRW 200,000 on August 17, 2010, and KRW 2 million on August 19, 2010, respectively, from the Defendant’s bank account in the name of the Defendant B.

Accordingly, the defendant and B conspired, by deceiving the victim, obtained a total of 20.5 million won by deceiving the victim.

Summary of Evidence

1. Entry of the defendant's partial statement, B's statement, and C's statement in the suspect examination protocol against the defendant by the prosecution;

1. Application of C Acts and subordinate statutes to the accusation petition (including accompanying documents);

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Articles 70 and 69(2) of the former Criminal Act (Amended by Act No. 12575, May 14, 2014);

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;