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(영문) 울산지방법원 2015.12.04 2015고단2027 (1)
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Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On November 27, 2011, the Defendant and B conspiredd to obtain money from the victim C by making a false statement to the victim C.

The Defendant and B instructed the Defendant to the effect that “B shall make a false statement to the victim that it is necessary to reach an agreement because they are bound by internal restriction,” at the above temporary absence, and the Defendant made a false statement to the effect that “B is bound by detention, and the Defendant shall transfer KRW 1.8 million to D account as it is necessary to reach an agreement.”

However, in fact, B did not have been bound at the time, and the defendant and B did not have any intention or ability to return the above money to the victim only when they thought that they would consume the money received from the victim.

Nevertheless, the Defendant and B deceiving the victim as above and they acquired 1,80,000 won from the victim to the account in the name of D on the same day.

Summary of Evidence

1. Legal statement between the defendant and B;

1. Statement of prosecutorial statement concerning C;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 347 (1) and Article 30 of the Criminal Act applicable to the relevant criminal facts and 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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