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(영문) 서울서부지방법원 2017.01.24 2016고단2896

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 May 15, 2008, the Defendant told the victim D through C to “The Defendant would make the victim’s children enter the professional axis team after graduation from the university.”

However, even though the defendant was aware of the former state representative axis E, there was no promise from E to participate in the professional axis team, and there was no intention or ability to participate the victims in the professional axis team.

Nevertheless, the defendant, as seen above, received the victim's false statement from the victim and acquired the total amount of KRW 15 million on May 15, 2008 by remitting the amount of KRW 5 million to the new bank account in the name of the defendant, and KRW 15 million on August 22, 2009.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or C;

1. Complaint;

1. Application of Acts and subordinate statutes to a copy of a bankbook and a statement of account transactions in a new bank;

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 grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment should be considered as follows: (a) the fact that the victim and the defendant agreed late at the latest; (b) the circumstances after the crime; and (c) the criminal records, age, sexual conduct, etc. of the defendant.