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(영문) 대구지방법원 의성지원 2017.11.16 2017고정55
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On October 2, 2014, the Defendant: (a) within the “D D D D” operated by the victim C in the Sung-gun of Seongbuk-gun; (b) was 4 million won of the loan to be paid to G, other than the “F D” business owner in the “F D”); (c) the loan of KRW 5 million was unpaid to the extent of KRW 1.2 million; and (d) there was no living cost due to failure to seek the workplace; (b) even if the Defendant received the advance payment from the injured party, such as the body was receiving the pya Hospital, the Defendant did not have the ability to perform the work as a multiple employee or repay the advance payment.

Nevertheless, the Defendant found “D tea” with H’s introduction that he had become aware of in the course of performing his work, and made a false statement to the victim stating that “I will work as a multi-party employee with a 4 million won in advance.”

The Defendant, by deceiving the victim as such, received 4 million won from the victim to the new bank account (I) in the name of the Defendant under the name of a new bank account under the name of the Defendant, and acquired pecuniary benefits equivalent to the above amount.

Summary of Evidence

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Application of Acts and subordinate statutes stating the statement of the victim C to the police interrogation protocol (two times, replacement) of the accused;

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

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

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

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