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(영문) 서울남부지방법원 2018.01.26 2018고정21

사기

Text

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

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

Reasons

Punishment of the crime

The defendant around 02:00 on July 13, 2017, at around 02:0, the complainants working as part-time in C located in Gwanak-gu in Seoul Special Metropolitan City, needing 300,000 won at the present time with traffic accident agreement.

If a bill is invaded, the bill will return from the wife.

An identification card shall be placed as a security.

“Finally false.”

However, the defendant did not have any traffic accident and did not have any intention or ability to repay the borrowed money.

Nevertheless, the defendant has received 300,000 won in cash from the complainant, i.e., the money borrowed from the complainant, and then re-enters the above place on the same day at around 02:25 on the same day, and the complainant shall deposit 1 million won in the check.

The account number is known to different. The certificate of account number was presented to the company bank account in the name of 650,000 won remaining after deducting 50,000 won from Do and the certificate of account in the name of Do and the certificate of account."

However, the defendant did not have the intention or ability to deposit one million won to the complainant.

Nevertheless, the Defendant received 650,000 won from the complainant in cash and received cash transfer and account transfer over two times in case of receiving 650,000 won from the complainant as a balance.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to investigation reports (verification of deposit accounts by fraud);

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

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;