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(영문) 서울중앙지방법원 2014.02.13 2012고정5134

사기

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On March 22, 2007, the Defendant, even if receiving money by telephone at a closed area in Seoul and below Seoul, provided that “If sending 10 million won to the victim C, he would purchase 10 million won in the Ecuas test new vehicle under the name of a juristic person in Seoul and directly transfer it to Daegu” without the intent or ability to purchase the vehicle, and acquired it by transfer from the victim who believed it to the passbook (Account Number: E) in the name of the Defendant to the passbook in the name of the victim designated by the Defendant.

Summary of Evidence

1. Each legal statement of witness C and D;

1. Each police statement of C or D;

1. Certificates of deposit transaction performance and deposit receipts (five million won per face value);

1. Application of Acts and subordinate statutes to investigation report and telephone communications;

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;