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(영문) 서울북부지방법원 2018.05.03 2017고정2236

사기

Text

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

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

Reasons

Punishment of the crime

[criminal records] On November 9, 2017, the Defendant was sentenced to a suspended sentence of two years for one year of imprisonment with prison labor due to the charge of forging private documents at the Suwon Franchi, and the above judgment became final and conclusive on November 17, 2017.

[Inasmuch as the Defendant did not have any capacity or intent to pay 3 million won even if he/she borrowed 3 million won from the victim C if he/she was unable to receive the payment from B around April 7, 2017, the Defendant may receive 100 million won as an incentive for real estate transaction by phoneing the victim to the victim at a location lower than that located in Gangnam-gu Seoul Metropolitan Government (Seoul), around April 3, 2017. < Amended by Act No. 14854, Apr. 3, 2017>

On April 7, 2017, 201, the term “a person who will make repayment by April 7, 2017” was false, and the victim acquired 3 million won through the Samsung Securities Account (Account Number D) in the name of the defendant on the same day from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. The contents of the text messages;

1. A certificate of confirmation of transaction of transfer of electronic finance;

1. Previous convictions in judgment: To respond to inquiries, such as criminal history, and to the search of a setnet case, and the application of the text of judgment;

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the crime, the selection of fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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;