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(영문) 대전지방법원 서산지원 2016.04.15 2016고정1

사기

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On September 18, 2011, the Defendant would work as an employee from “D multi-face” operated by the victim C in Jin-si, Jin-si on September 18, 201.

However, it may be possible to repay the money borrowed from the previous owner of the business.

A false statement was made to the effect that the amount of KRW 3.5 million will be worked at a place from the day inside the jun-ri party.

However, even if the defendant received the advance payment from the injured party, he only intended to pay his debt and did not have an intention to work in a multi-face operated by the injured party.

The Defendant received from the injured party 300,000 won in total from the account in the name of the Defendant around the 19th of the same month, and 3.2 million won in total from the Saemaul Treasury (Account Number:F) account in the name of the Defendant, such as remittance of KRW 3.5 million in the name of the Defendant.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. The details of transactions of deposits in free savings and the application of Acts and subordinate statutes governing the preservation of cash;

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;