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(영문) 대전지방법원 천안지원 2015.06.11 2015고정235
사기
Text

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

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

Reasons

Punishment of the crime

Around July 2007, the Defendant told the victim D, a workplace partner, to the effect that “if IB died, four decedents may receive a miscarriage of 1.9 billion won, and if IB, I would like to engage in a business by doing so, I would like to do so, and first of all, I could not inherit the miscarriage without his father’s hospital expenses. I would like to say that I would like to say, “I would like to lend money to I would like to allow I would like to use in the hospital expenses, because I would need the hospital expenses.”

However, in fact, the defendant was willing to use money or pecuniary benefits from the victim for the purpose of living expenses, personal project expenses, etc., and there was no intention to spend it as the father's hospital expenses of the defendant, and the miscarriage that the defendant could actually receive was not less than the above amount.

Nevertheless, the Defendant, as above, made a false statement to the victim, and received KRW 3 million from the victim to the account on July 4, 2007, as well as acquired the pecuniary benefits of KRW 20,781,668 in total by receiving account transfer, credit card living expenses, cash withdrawal, etc. from the victim on 15 occasions from around that time to August 28, 2008 due to the same reason, as shown in the attached crime list.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the suspect examination protocol of the prosecution concerning D;

1. Application of Acts and subordinate statutes to descriptions of a specification of transactions, cash storage certificate, and cash storage certificate;

1. Article 347(1) of the Criminal Act applicable to the relevant criminal facts and Article 347(1) of the choice of punishment (generally, choice of fines);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334(1)3 of the Criminal Procedure Act (amended by Act No. 8730 of Dec. 21, 2007) of the former Criminal Procedure Act (amended by Act No. 8730 of Dec. 21, 2007) provides that the statute of limitations for a crime punishable by imprisonment with prison labor for a maximum term of not less than ten years shall be seven years.

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