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(영문) 서울중앙지방법원 2016.11.30 2015고정4579
사기
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

Around December 30, 2013, the Defendant, at the office located in Seocho-gu Seoul Metropolitan Government Seocho-gu, made a false statement to the effect that “When paying KRW 46 million, the Defendant would make a certificate of balance of deposits of KRW 1 billion for which no pledge is established,” and received KRW 46 million from the victim.

However, even if the Defendant received money from the victim as above, the Defendant did not have any intent or ability to create a certificate of balance of deposits without the establishment of a pledge right.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Partial statement of the witness F in the court;

1. The recording of statements by witnesses G in the seventh trial records;

1. Application of the Acts and subordinate statutes to the 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 (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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