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(영문) 서울남부지방법원 2016.11.18 2016고정1239

사기

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On October 28, 2011, the Defendant was sentenced to imprisonment with prison labor for fraud, etc. at the Seoul Eastern District Court, and the judgment was finalized on November 5, 201.

Around April 28, 2010, the Defendant: (a) at an office in the address of the Dongjak-gu Seoul Metropolitan Government (Seoul) around April 28, 2010, the fact was under the control of the entertainment room business from around 2009, and was unable to pay the money received as business funds or investment funds from the victim D, etc.; and (b) even if the business funds were not received or operated, there was no intention or ability to pay the money; (c) even if the business funds were received, the Defendant made a false statement to the victim that “it is possible to pay the money as profit if the Defendant makes a business using the type of money that is able to cover the goods with the premium after taking over the watch and selling the goods, which is able to pay the money, and (d) the Defendant received five million won in cash from the victim belonging thereto, and continuously received from May 27, 2010 as above KRW 10 million under the above terms and conditions.

As above, the Defendant, by deceiving the victim, received KRW 15 million from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A complaint, a certificate of borrowing;

1. Investigation report (in addition to submission of a letter of payment that has not been submitted by the complainant, one copy of investigation record No. 88);

1. Previous records: Reference records to criminal records and application of Acts and subordinate statutes to criminal investigation reports (informating written judgments, etc. relating to suspects);

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 70 of the former Criminal Act (amended by Act No. 12575, Oct. 14, 2014) and Article 69(2) of the former Criminal Act;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;