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(영문) 전주지방법원 군산지원 2015.02.09 2014고정527
사기
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

Around January 30, 2009, the Defendant entered the “D” restaurant located in the Seoul Special Metropolitan City, Masan-si, and entered the 10 million won of the fraternity organized by the victim E and the 21st unit of the Gu unit, and subsequently faithfully pays the Plaintiff KRW 600,000 won of the fraternity every month when he/she pays the fraternity to the victim once. Since he/she operates the US unit, he/she is able to pay the fraternity, and even if he/she does not pay money, he/she will pay the fraternity in the restaurant.”

However, at the time, there was no intention or ability to pay the fraternity normally even if the defendant received the fraternity from the victim because the defendant did not operate the guard, and the defendant did not own any property and did not have any income.

After all, the Defendant, as such, by deceiving the victim as such, received KRW 10 million from the victim’s place of residence as a guidance.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to the report of investigation (in the capacity of a complainant),

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

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

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

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