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(영문) 수원지방법원 안양지원 2016.01.15 2015고단571
사기
Text

Defendant shall be punished by a fine of five million won.

Where the defendant does not pay the above money, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On February 19, 2013, the Defendant told the victim E at the D office operated by the Defendant, which had been heading C building 1218 of the Gu building 1218 during the Ansan-si, that the Defendant “on the loan of KRW 50,000,00, the Defendant would create a collateral security right with the maximum claim amount of KRW 60,000,000,000,000,000,000,000,000,000,000).”

However, the defendant was willing to use the money from the damaged person for the purpose of operating expenses, living expenses and tax payment, etc., and there was no intention to use the money as the purchase price of prm3800.

The defendant deceivings the victim as above, and he acquired 50,000 won from the victim by remitting the same day.

Summary of Evidence

1. Statement of suspect examination by the prosecution against the accused (including the E- Examination Part);

1. A police suspect examination protocol (including E substitute part) against the accused;

1. Statement made by the police for E;

1. Determination as to the assertion that there was no criminal intent to commit the crime of defraudation of the details of a criminal investigation report (attached to the statement of the transaction of the passbook) and the account fraud (1) The balance of the above passbook was KRW 0,000,000 before the deposit of the money from the No. 3 (Account Number F) victim established in the name of the defendant on February 19, 20

The amount of KRW 50 million was continuously withdrawn under the name of interest, food expenses, etc. from the date of receiving money from the party immediately to March 4, 2013, and there existed only KRW 23 million in the above passbook around March 4, 2013 (Investigation Record 96-97 pages), and ② on March 5, 2013, the Defendant transferred KRW 40 million out of the total amount deposited in the above passbook to the corporate bank account (G) opened in the name of the Bank of Korea (Investigation Record 97 pages, investigation record 201-202 pages), but the said amount was fully withdrawn from the name of national tax, etc. until March 28, 2013 (the amount was deposited in the account opened in D in the name of the Bank of Korea on March 29, 2013).

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