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(영문) 서울북부지방법원 2018.11.30 2018고단2947

사기

Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

On December 12, 2014, the Defendant was in the Republic of Korea, the Republic of Korea, the Republic of Korea, the Republic of Korea, the Republic of Korea, the Republic of Korea, the Republic of Korea

C Within a passenger car, the victim D who became aware of the introduction of the land by the branch was referred to as “a person who will make a project in Maraa by lending KRW 20 million to him/her for a month.”

However, in fact, the Defendant did not have a specific plan to operate a business in Macaro and did not have any specific income or property, so even if he borrowed money from the injured party, he did not have an intention or ability to repay the debt.

Nevertheless, the Defendant received KRW 20 million from the damaged party to the 15th day of the same month, which was later than the 3th day of the damage, with the account in the name of the Defendant’s mother.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements made to the defendant in the protocol of interrogation of the suspect against the defendant (including the D substitute part);

1. Statement Nos. 2 and 3 on each part of the protocol of suspect interrogation of the police assigned to the defendant (including the part D being replaced);

1. Part of each statement made by the police in relation to D;

1. Investigation report (A telephone communications);

1. Result of an investigation report (the result of execution of a warrant for search and inspection of A account);

1. Investigation report (Submission of documents for loans to complainants) and confirmation of financial transactions attached thereto;

1. Application of Acts and subordinate statutes to a written confirmation of the results of the transfer of electronic financial services (pact No. 13 of investigation records);

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. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the Defendant appears to have recognized the instant crime; and (b) the Defendant agreed to pay KRW 5 million to the victim late later and pay the remaining amount of damage in installments; and (c) the injured person expressed his intention to not punish the Defendant under an agreement with the victim, taking into account the circumstances favorable to the Defendant.