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(영문) 의정부지방법원 고양지원 2018.06.26 2018고정459

사기

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant around October 2017, "the fine is planned to commence business immediately, and if the defendant invests 10 million won with the business fund, a certain amount of profit can be paid to the victim B, and the business is proceeding and omitted only until June 2018.

“.....”

However, even if the defendant received money from the injured party as the business fund, he did not have any intention or ability to pay the profits to the injured party because he thought to use it to repay his personal debt.

Around November 6, 2017, the Defendant received 11,500,000 won from the injured party’s financial statements from the said false statement to the Agricultural Cooperative Account (C) in the name of the Defendant and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of letters);

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. 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;