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(영문) 인천지방법원 2017.10.19 2016고단7484
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

The defendant on May 25, 2009, at the office of "E" in the defendant's management's office located in Suwon-gu Busan Metropolitan Government D, the victim F from June 27, 2009 to the victim F.

6. Until December 28, 200, in charge of “H” to be performed in the Busan G Hotel for a period of two (2) days, the principal will be guaranteed even if the State invests in this event at a rate of 20% of the profit of the performance and the enemy will also be secured.

The phrase “ makes a false statement.”

However, in fact, the Defendant was a bad credit holder at the time and was working for a public performance business with money borrowed from or invested in another person without any particular property, and even if the performance was made by the enemy, the Defendant was expected to use the money to repay the existing debt when he received money from the injured party.

On May 25, 2009, the Defendant received 30,000,000 won from the injured party to the post office account in the name of “E” for the said performance-based investment money and acquired it by remittance.

The Defendant, separate from each fraud case No. 959, No. 2537, Busan District Court dong Branch, tried to be tried in this case.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to F;

1. Investment contract, a detailed statement of each transaction, and information about H performance;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 347(1) of the Criminal Act applicable to the facts constituting an offense, Article 347(1) of the Criminal Act, the choice of a fine (including the fact that the victim has been convicted of the same offense, but the victim has cancelled the complaint, repaid the total amount of damage, and reflected his/her mistake

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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