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(영문) 서울중앙지방법원 2018.10.26 2018고단5310
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

On November 25, 2017, the Defendant introduced himself/herself as the father of the farming cooperative in Gangnam-gu building C and the victim D as the father of the farming cooperative around November 25, 2017, and “B shall register the registration expenses to B as a director of the E association, and if a director is registered, he/she may receive three million won monthly wage.

“.......”

However, even if the defendant received money from the injured party, there was no intention or ability to register the injured party as a director of the above union, as well as there was no authority in the above union.

Nevertheless, the defendant deceiving the victim as above and delivered KRW 220,000 in cash on the same day from the victim. On the 28th of the same month, the defendant received KRW 80,000 from the victim to the bank account of F, an incorporated association, and acquired KRW 1,22,00 from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation report (to hear statements from a witness G phone);

1. Application of deposit certificates, copies of bankbooks, and Acts and subordinate statutes on receipts;

1. Article 347 (1) of the Criminal Act in relation to the crime, the selection of a fine (not including the fact that the amount of fraud is not significant, the fact that there is no conclusive intention, and the fact that the damaged person is a director of the corporation, etc.);

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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