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(영문) 서울중앙지방법원 2016.02.15 2015고정4319
사기
Text

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

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

Reasons

Punishment of the crime

The Defendant, as a non-official, did not have the intent or ability to receive human rights orders from the ‘Modern’ even if he received the money as entertainment expenses, the fact is the victim C at around September 2010 and the victim C was the same as “B, E and ASEAN, respectively.” The Defendant would receive a sense of human rights from Modern, i.e., directors, etc. and entertainment expenses in the Republic of Korea.

“Falsely speaking, “A person who believed this as a fact receives a total of KRW 17.6 million from the damaged person’s account in the name of the Defendant on September 8, 2010, KRW 2 million around June 201, KRW 5 million on November 11, 2010, KRW 500,000 on November 25, 201, KRW 300,000 on January 28, 201, KRW 300,000 on February 11, 201, and KRW 17.6 million on a total of six occasions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. C Complaints;

1. Application of Acts and subordinate statutes to a criminal investigation report (Presentation of Materials by an complainant);

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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