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(영문) 부산지방법원 2012.09.27 2012고정1620
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.

Reasons

Punishment of the crime

On August 28, 2011, the Defendant, at the reading room located in Busan Seo-gu, Busan Seo-gu, posted a false statement to the victim D, stating that “The operation of the reading room is too well-grounded, and the amount of sales is KRW 6 million from KRW 500,000 to KRW 6 million in one month, and the actual profits from the internal payment shall exceed KRW 3.5 million.” The Defendant displayed the daily sales receipt and disbursement program stored in the reading room computer.

However, in fact, the daily sales revenue and expenditure program prepared by the defendant stated as if the student who does not attend the reading room attends the reading room and the actual monthly sales are less than KRW 2,00,000,000. On August 201, E, the owner of the building in which the above reading room was located, referred to as a plan to change the above reading room to the defendant's studio around August 201, and even if the victim takes over the reading room, it was impossible to operate the normal reading room or make monthly sales notified by the defendant.

Nevertheless, the Defendant entered into a contract with the victim to take over the reading room as above with the victim, and acquired the money from the Defendant to the Defendant’s Busan Bank deposit account with the Busan Bank account with KRW 1 million around August 31, 201 and the Defendant’s husband F with KRW 29 million around September 1, 201.

Summary of Evidence

1. Each legal statement of witness D and G;

1. Partial statement of witness E;

1. Partial entry of the suspect interrogation protocol of the accused by the prosecution;

1. Investigation report (Submission of reference materials by complainants);

1. To close a program and an amount table of the current status of actual sales, contact information of false registered persons each month, daily withdrawal and payment list, and statistical data program screen;

1. Application of reference materials statutes;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Selection of 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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