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(영문) 서울동부지방법원 2019.05.14 2019고정272

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

On April 24, 2018, the Defendant: “CPC bank located in Dongdaemun-gu Seoul Metropolitan Government, Dongdaemun-gu,” the victim D, who wants to purchase a vehicle, may be permitted to purchase the vehicle at a discounted rate of 30 to 35% by using cenz or BMW vehicle as a staff member. On the other hand, in advance, the Defendant should deposit money in advance and give an advance payment, and the Defendant took an attitude of having E deliver it to the victim, thereby leading E to purchase the vehicle at a high price.

However, in fact, the defendant thought that he will receive money from the victim to use personal money such as paying the card price, and did not deposit the money for the purchase of the vehicle, and there was no intention or ability to purchase 30 to 35% by using benz or BMW vehicle as an employee.

The Defendant received a total of KRW 5 million from the victim, on April 24, 2018, to the national bank account in the F’s name, and KRW 6 million from April 25, 2018, respectively, from the victim and received KRW 11 million around April 25, 2018.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Copy of a statement of deposit transactions;

1. Application of Acts and subordinate statutes to investigation report (Presentation of Family Relationship Certificate to Complainant);

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 (1) 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;