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(영문) 서울동부지방법원 2017.11.14 2017고정1117

사기

Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

Defendant

A is the representative of corporation C.

The victim D, as the new chairperson of the F Religious Organization in Daejeon Seo-gu E, will borrow 20 billion won from the outside of the case I to use the loan certificate from the financial institution secured by the above G company, which is scheduled to take over from the end of the case, for the purpose of using it as the acquisition fund.

“Around August 2015, 2015 after receipt of the proposal, the Defendant was introduced by the JNN that he/she was specialized in the issuance of a financial institution’s loan certificate.

On September 17, 2015, the Defendant sent the victim a loan certificate within one week if the Defendant sent the victim a 3 million won advance to the e-mail between the head of the headquarters of the Meats Securities in Songpa-gu, Seoul with the e-mail advance to the e-mail advance in September 17, 2015.

“False speech” was made.

However, even if the victim receives an advance payment, the defendant did not have an intention or ability to issue a financial institution loan certificate.

Nevertheless, on September 17, 2015, the Defendant, by deceiving the victim, received three million won from the Saemaul Treasury Account (O) in his/her name, and acquired the equivalent pecuniary benefits.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Statement made to K in the police statement;

1. Application of Acts and subordinate statutes on deposit transactions;

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. Articles 70(1) and 69(2) of the Criminal Act concerning the custody of a workhouse (a) (a) and 70(2)) of the Criminal Act

The argument is asserted.

The following circumstances revealed by the evidence duly adopted and investigated by this court, namely, ① the Defendant was at the time of committing the instant crime, and the Defendant was at the time of the investigation agency.