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(영문) 서울중앙지방법원 2017.09.13 2017고정317

사기

Text

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

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

Reasons

Punishment of the crime

The defendant is an employee of the government contracting staff working in USFA 8 U.S. Armed Forces, who is subject to the US Forces Status Agreement (SOFA).

around February 17, 2016, the Defendant would make a lot of profits by investing in shares to the victim E (e.g., 29 years of age) who is the Netherlands in “D” coffee shop located in Seoul, Seoul.

A false statement was made.

However, in fact, the defendant thought to use the money received from the damaged person as child support to the former wife of the defendant, and even if he received money from the injured person, he did not have any intention or ability to raise profits like the promise of the injured person.

The defendant received 5 million won from the damaged person to the new bank account (F) in the name of the defendant on the same day, and acquired it by fraud.

Summary of Evidence

1. Legal statement of witness E;

1. A protocol of partially examining the suspect of the police against the defendant (including part concerning the E-examination);

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes concerning transaction specifications and Kakao Stockholm dialogue content;

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;