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(영문) 서울동부지방법원 2014.10.21 2014고정1616
사기
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On April 2013, the Defendant: (a) around April 2013, upon receipt of a request from B to introduce and request cooperation companies such as restaurants, in which the Defendant was expected to accept the default from B; (b) provided that D and D would compel the victim E to deliver the fruit to the said Cwa Holdings; and (c) provided that the Defendant would receive the introduction fee from the victim and intended to use it.

D Around May 4, 2013, around 15:00, at its own office located in Gangdong-gu Seoul Metropolitan Government F, concluded that “The victim E shall be supplied KRW 20,000,000 per month, 10,000 per month, and if the delivery is impossible, the introduction fee shall be refunded in full.”

However, the fact was that B prepared a building owner and an understanding note with respect to the aforesaid Cweve services around April 2013 and did not take over the said B brokerage services, making it impossible to deliver B with B from May 15, 2013.

Nevertheless, on May 7, 2013, the Defendant received KRW 20 million from the victim to the account in the name of D.

Accordingly, the defendant was given property by deceiving the victim in collusion with D.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's office protocol concerning D (including the E, Defendant, and B's statement);

1. Statement of prosecutorial statement concerning E;

1. Application of Acts and subordinate statutes on a copy of passbook;

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the choice of punishment;

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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