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(영문) 수원지방법원 2017.10.20 2017고단579

사기등

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 June 1, 2016, the Defendant made a false statement to the effect that “E” operated by the Defendant located in Yong-si, Young-gu, Young-si, G, and that “The victim F will sell “Bbigl Hash Hembr” at KRW 30,00 won per 1 set.

However, in fact, the Defendant did not import “brush hedging” and was thought to use the money received from the injured party for the cost of living, so even if he received the payment from the injured party, he did not have the intention or ability to sell “bbrush hedging”.

The defendant received 3 million won from the damaged person to the Agricultural Cooperative Account under the name of the defendant for the same day.

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 governing the verification of transactions of transfer of electronic finance;

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 portion not guilty under Article 334 (1) of the Criminal Procedure Act (hereinafter referred to as "the part not guilty") of the provisional payment order - "2017 Height 579";

Ⅰ Summary of the facts charged

1. Fraud;

A. On June 21, 2013, the Defendant made a false statement to the victim C, stating that “The Defendant would make a golf loan distribution business with a shortage of money to KRW 20 million, within three months, if he/she borrowed money.”

However, in fact, the Defendant had no intention or ability to repay even if he/she borrowed money from the injured party, since most of the revenues earned from his/her work while he/she had a total amount of loans worth KRW 20 million was consumed by monthly income, living expenses, and this money.

Nevertheless, the defendant deceivings the victim as above and transferred 20 million won to the corporate bank account under the name of the defendant on the same day from the victim.

B. On August 19, 2013, the Defendant is the victim C from “E” located within the G building 606 in the Suwon-si Suwon-si Building (E) around August 19, 2013.