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(영문) 서울남부지방법원 2017.03.20 2016고정2727
사기
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant was an unqualified person who was a cargo driver.

The defendant did not have any intention or ability to repay even if he borrowed money to the victim B (47 Does, Does).

Nevertheless, at around 11:30 on July 17, 2012, the Defendant made a false statement to the effect that “A victim who had been on accounting by the Defendant Company at the time was phoneed to the other party due to a traffic accident and that “I would immediately make a full payment if I lend KRW 1 million to the other party due to a traffic accident.”

Therefore, it received money from the victim who is believed to be true from the victim to the defendant's female job-friendly C's account (number D) with the defendant's family job-friendly C's account.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Application of the police statement protocol law to B

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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