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(영문) 수원지방법원 안산지원 2018.03.20 2017고정1099

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

On April 24, 2012, the Defendant made a false statement to the victim B, “I will invest 20,000 weeks in the main place of investment in futures and return the amount equivalent to 10% of the principal amount guaranteed and the return rate of 10% during that period,” at an Buddhist restaurant located in Yongsan-gu Seoul Metropolitan Government, Yongsan-gu.

However, even if the defendant, who has no occupation and property, received money from the injured party for the purpose of investing in the stock, he did not intend to use it for the personal purpose such as living expenses, and did not have any intention or ability to pay the investment money.

As such, the Defendant, by deceiving the victim, was given KRW 10 million from the victim, who was in his/her custody.

Summary of Evidence

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

1. Statement made by the police against B;

1. Details of account transactions (applicable to the documents attached to the two-time suspect interrogation record against the accused) and statutes;

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;