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(영문) 서울중앙지방법원 2013.11.28 2013고정4245

사기

Text

Defendant shall be punished by a fine of KRW 2,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On March 26, 2007, the Defendant made a false statement to the victim C, stating that “I will make a golf player life in the United States, and I will make a full payment after one month if I will lend I, 1,000,000 won to I, because I would like to participate in a golf player life in the United States. I would like to make a full payment.”

However, there is no particular property or income, and even if the defendant borrows money from the victim, he did not have the intention or ability to pay the money in accordance with the promise.

The Defendant, by deceiving the victim as above, received KRW 10 million from the victim to the new bank account in the name of D designated by the Defendant on the same day.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Each police interrogation protocol on the accused and D;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes to the head of a Tong, liquidity transaction details inquiry;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 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;