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(영문) 춘천지방법원 2013.04.04 2012고단397
사기
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

around August 2007, the defendant, at the home of D, his father in Gangnam-gu Seoul, the defendant's father in Gangnam-gu, that "if he pays the credit amount of KRW 1.5 million per month to the victim E (F prior to the opening of his name: F) of the above D's friendship, he will take over the credit amount of KRW 20,300,000 per month by opening the 20-year number book in which G is the guidance, and the victim from August 25, 2007 to the agricultural bank account in the name of G managing the defendant from August 25, 2007.

However, in fact, since the above number limit was sold due to the economic reasons of Gyeyang G around January 2008, there was no intention or ability to receive 30 million won or more from the victim even after the victim received money under the pretext of monthly payment since January 2008.

Nevertheless, the Defendant did not notify the victim of the fact that the above number system has been broken, but acquired from the victim the sum of KRW 1,500,000 per month from January 25, 2008 to April 25, 2008, and acquired from the victim the sum of KRW 6,00,000,000 from the G agricultural bank account (H) in the name of the Defendant’s management four times every month.

Summary of Evidence

1. Statement of the accused in the second protocol of trial;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes of a list of ordinary deposits;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act shall be determined based on various circumstances, including reflectability of sentencing, degree of damage, agreement, and relationship between the defendant and the injured party, and the sentence shall be determined as per Disposition.

Parts of innocence

1. The summary of the facts charged is that if the defendant paid the fraternity to the victim E, who is the father of the defendant's father in Gangnam-gu Seoul, at around August 2007, at the home of the defendant's father in Gangnam-gu, the defendant paid the fraternity over 20 times a month to the victim E, he shall join the 20-gu unit in which G is the guidance and 30 million won, and the time limit is given in the sequence.

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