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(영문) 대전지방법원 2015.12.09 2015고정635
사기
Text

Defendants shall be punished by a fine of three million won.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

On May 13, 2014, the Defendants conspired with their husband and wife, and told the victim D of the coffee shop that “I will be responsible for and completed for the interior works of Suwon-gu C Apartment 1603 when the victim want to move in, if you want to move in, the price of the interior works.”

However, in fact, even if the Defendants did not have any particular property or income at that time and received the price for interior works from the victim, they did not have the intent or ability to complete the interior works as they promised to use it for living expenses, etc.

In collusion, the Defendants received a delivery of KRW 35 million in total from the new bank account in the name of Defendant A, in the name of the victim, of KRW 15 million on May 13, 2014, KRW 15 million on May 27, 2014, KRW 10 million on May 27, 2014, and KRW 35 million on June 19, 2014.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to D or F;

1. Investigation report (G 1015 owned currency);

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 347 (1) and Article 30 of the Criminal Act concerning the relevant criminal facts, the choice of punishment, and the choice of fines;

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, each of the provisional payment orders;

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