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(영문) 서울서부지방법원 2013.11.14 2013고정330
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On October 2008, the Defendant made a false statement to the effect that “I want to subscribe to the phone number system that I want to do so. I want to join the system in the name of the words, and will pay the balance soon until the end of the week” at the office of the Defendant in Dongjak-gu Seoul Metropolitan Government.

However, at the time, the defendant did not have any particular income or assets and is liable for loans worth approximately KRW 20 million, and even if he joined the system in the name of the victim, he did not have the intent and ability to pay the fraternity up to the end of the payment.

The Defendant, by deceiving the victim as such, had the victim subscribe to the name of the victim against the Defendant’s guidance money, and then had the victim paid KRW 20 million with the second priority around November 28, 2008, and KRW 20 million with the seventh priority around May 1, 2009, but did not pay a total of KRW 19.4 million from May 28, 2009 to May 28, 2010, thereby having the victim paid the said guidance money in lieu of the said money.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. E-fact confirmations;

1. Investigation report (to be attached to materials submitted by a suspect);

1. Application of Acts and subordinate statutes to the specifications of fraternity dues;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. The defendant and his/her defense counsel on the argument of the defendant and his/her defense counsel under Articles 70 and 69(2) of the Criminal Act for the detention of the workhouses asserted that the defendant had the victim subscribe to the defendant's share in the instant number system, but the defendant did not have the intention of deceptiveation.

According to the records of this case, prior to allowing the defendant to join the defendant's share of the defendant in the number system of this case, the defendant has joined the number system through the victim in the same way, and the defendant is the number system of this case.

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