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(영문) 광주지방법원 순천지원 2018.02.12 2017고정595
사기
Text

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

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

Reasons

Punishment of the crime

The Defendant paid 500,000 won per month, together with the victims B and 19 other than the owner, and provided a number system to receive the time limit for each one month.

I are people.

1. On November 27, 2009, the Defendant called “A victim B, who had been in the residence of the victim in Changwon-si Member C, Changwon-si, Sinsan-si, with the phone at the victim’s residence.” Afterwards, the Defendant will continue to provide money for the time-to-faces. Afterwards, the Defendant will continue to provide the time-to-faces.

"At the end, it made a false statement."

However, even if the defendant receives the time limit money in advance, there was no intention or ability to pay the time limit money every month thereafter.

The Defendant was transferred 11:55 on the same day from the victim to the corporate bank account (D) in the name of the Defendant.

Accordingly, the defendant acquired property by deceiving the victim.

2. On December 23, 2009, the Defendant called the victim at “E dynasium” located in the part of the Defendant’s inns operated by the Defendant and borrowed 4.7.5 million won per fynasium to the employees of the store. The Defendant would have repaid the fynasium.

The phrase “the phrase was false.”

However, even if the defendant borrowed the above money from the victim, the defendant did not have the intent or ability to repay it.

At around 15:00 on the same day, the Defendant was transferred 4.75 thousand won to a corporate bank account (D) in the name of the Defendant.

Accordingly, the defendant acquired property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to B;

1. Notification of the receipt of deposits without passbook and the current status of financial transactions;

1. Application of Acts and subordinate statutes to a written agreement;

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the relevant criminal facts and the choice of punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The fact that the full amount of damages caused by the sentencing of Article 334(1) of the Criminal Procedure Act is repaid, the full amount of damages caused by the sentencing of Article 334(1) of the Criminal Procedure Act is agreed smoothly with the victim, the victim appeals the Defendant’s wife, and the same kind of

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