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(영문) 춘천지방법원 강릉지원 2015.12.22 2015고단1139
사기
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On May 15, 2015, at around 14:00, the Defendant made a false call to the victim B to the effect that “I want to sell a string vehicle in Ireland,” and “I wish to transfer KRW 3 million as a down payment.”

However, at that time, the Defendant was suffering from financial difficulties because the operation of a screen golf course operated by the Defendant without any particular property was gradually difficult, and was liable for bank loans of 100 million won or more in connection with the operation of the screen golf course. Although there was a plan for the Defendant to get a fluort vehicle from C under the pretext of payment in kind, the Defendant did not acquire the right to dispose of the fluort vehicle. Therefore, even if the Defendant received the money as the down payment from the victim, the Defendant did not have the intent or ability to fluort the fluort vehicle.

Nevertheless, the Defendant, by deceiving the victim as above, received 3 million won from the victim’s new bank account under the name of the Defendant on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol protocol law to B

1. Relevant legal provisions concerning facts constituting an offense and the selection of fines under Article 347 (1) of the Criminal Act that choose a sentence (including the fact that there is no minor criminal record nor the amount of fraud is not significant due to a violation of the Motor Vehicle Management Act in 2008);

1. Articles 70 (1) 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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