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(영문) 전주지방법원 2017.08.07 2016고정907

사기

Text

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

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

Reasons

Punishment of the crime

1. On October 2010, the Defendant against the victim C entered the victim C with “10 million won number system” in Jung-gu Incheon Metropolitan City D located in Jung-gu, Jung-gu, Incheon, with F operating E, and HH operating G penta, and thus, he/she would also be paid the president’s subscription and the extension of the time limit.

“A false representation was made.”

However, even if the defendant was paid the fraternity from the members of the fraternity from the beginning, he did not have the intention or ability to pay the fraternity to the members of the fraternity, which comes by the sequence.

Nevertheless, the defendant deceivings the victim as above and obtained 6 million won from the victim and acquired it by fraud.

2. On October 2010, the Defendant against the Victim F, in relation to the victim C, within Jung-gu Incheon Metropolitan City D, intended to operate the 10 million foot number system “(100 million)” to the victim C, which operated a prospect unit, and HA which operated G pent, and thus, he/she would also be paid the president’s subscription and the time of re-payment of the benefit amount.

“A false representation was made.”

However, even if the defendant was paid the fraternity from the members of the fraternity from the beginning, he did not have the intention or ability to pay the fraternity to the members of the fraternity, which comes by the sequence.

Nevertheless, the defendant deceivings the victim as above and obtained 3 million won from the victim and acquired it by fraud.

Summary of Evidence

1. Each legal statement of witness C, F, and H;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of laws and regulations on police statements made to C and F;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. Among the members of the main points of the claim, the name infinite money was not paid from the beginning, and the H withdraws from the fraternity.