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(영문) 서울중앙지방법원 2017.04.26 2016고정3717

사기

Text

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

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

Reasons

Punishment of the crime

On July 23, 2014, the Defendant would lend 200,000 won to the victim D of the mobile phone store located in Ulsan-gu B, Ulsan-do.

The charges are responsible for and paid.

“A false statement” was made.

However, at the time, the defendant did not have any financial resources or income, so even if you open a cell phone by lending the victim's name, there was no intention or ability to comply with the above promise.

Ultimately, the Defendant: (a) by deceiving the victim, thereby opening up two mobile phones in the name of the victim; and (b) by allowing the victim to pay approximately KRW 1.9 million between August 21, 2014 and June 25, 2015, the Defendant acquired pecuniary benefits equivalent to the same amount.

Summary of Evidence

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement made by the police against D;

1. Each internal investigation report and the application of the Acts and subordinate statutes governing the investigation report;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

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;