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(영문) 서울동부지방법원 2019.08.20 2019고정328

사기

Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

On November 30, 2015, the Defendant called “Around November 30, 2015, the Defendant made a phone call to the Victim B, stating that “The amount of KRW 15 million is insufficient to lease an office in the Gangnam-gu Seoul Highdong. If the money is lent, it shall be repaid at the latest within a week.”

However, in fact, the defendant was unable to operate his business normally at the time, and there was no fixed income due to the absence of a certain occupation, so even if he borrowed money from the victim, he did not have the intention or ability to pay the money within a week.

On November 30, 2015, the Defendant, by deceiving the victim, received 5 million won from the victim with a new bank account (D) in the name of C on November 30, 2015, and acquired 15 million won in total from the NAF account in the name of E (F).

Summary of Evidence

1. Partial statement of the defendant;

1. Statement B and G in the police interrogation protocol against the accused;

1. Each police statement made to B and H;

1. A complaint;

1. Investigation reports (Attachment of Details of remittances);

1. Investigation report (to make international telephone communications for witnesses);

1. An investigation report (Attachment of a written confirmation of G Fact for reference);

1. Investigation report (to G telephone conversations for reference);

1. Investigation report ( telephone conversations between persons for reference and J);

1. Application of A credit inquiry information-related Acts and subordinate statutes;

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 (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;