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(영문) 서울북부지방법원 2020.08.20 2020고정405
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 March 2017, the Defendant made a false statement to the Defendant’s office located near the C Station located in Gwangjin-gu Seoul, Seoul, that “The Defendant sold shampampoo and shampoo to the United States” by phone to the victim D and sold them to the United States. If the Defendant invested KRW 20 million, 110,000,000 may be paid monthly income. The principal shall be deducted at any time.”

However, the defendant did not export shampoo and shampoo to the United States, and only was planned to use money from the victim as debt repayment, living expenses, etc., and did not have any intent or ability to pay the principal.

The Defendant was transferred from the victim to a single bank account (Account Number: E) in the name of the Defendant, KRW 12 million on April 12, 2017, and KRW 6 million on April 28, 2017.

Accordingly, the defendant deceivings the victim and defrauds the 18 million won.

Summary of Evidence

1. Application of the police investigation report on the defendant's legal statement D (Attachment to the details of transactions of AI Bank by a suspect) to statutes;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Considerations of the accused, repayment of damages, and exemption from the punishment of the victim);

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