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(영문) 창원지방법원 마산지원 2013.06.04 2012고정137
사기
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Around July 12, 2010, the Defendant: “F of the Victim E’s Operation in Gangnam-gu, Seoul; and even if having received money from the above E, the Defendant did not intend to work at the said “F” entertainment drinking house, the Defendant paid to the above E an entertainment drinking house KRW 55 million with the prepaid money and KRW 2,00,000,000,000 to the head of the said sub-G entertainment drinking house (living expenses) with the prepaid money and KRW 57,00,000,000 from the “F” entertainment drinking house, thereby having the above E acquire the above KRW 2,00,000 from the “G”’s head account of the entertainment drinking house on the same day; the above KRW 3,00,000 from the account of the said “G” entertainment drinking house on the same day; and each of the above KRW 100,000,000 from the account on August 13, 201.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A protocol of examination of part of the defendant by prosecution;

1. Third police suspect interrogation protocol against the accused;

1. Notice of reasons for non-prosecution;

1. A copy of promissory note, a copy of cash storage certificate, a copy of resident registration card, and a certificate of seal imprint;

1. Copy of a deposit passbook (E);

1. A copy of the questionnaire;

1. Application of Acts and subordinate statutes to a copy of accusation petition, copy of interrogation protocol of the accused and E, and copy of withdrawal of complaint;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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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