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(영문) 서울중앙지방법원 2017.11.08 2017고정2812
사기
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant, even if he/she borrows money from another person without any particular property, with a credit rating of seven classes and without any other person, does not have any intent or ability to repay the money. (1) On March 30, 2017, the Defendant is running a business to sell the money to the victim I (37 Does, South) with a telephone and Kakao Stockholm message to transport pets, and if he/she lends the price of supply, he/she will pay the money.

(2) The same year shall be charged to the national bank account in the name of J on the same day from the person who suffers damage, and shall be charged 4,62,500 won

4. 1. The above victim was able to sell bags for the transport of pet dogs to the department store by means of telephone and Kakakao Stockholm messages, and he was able to repay down payment to the above victim, if he borrowed down payment.

In order to make a false statement, it received 1 million won from the injured party to the national bank account under the name of K on the same day, and acquired 5,662,50 won in total.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the suspect against the accused (a interrogating with I);

1. Statement made to I by the police;

1. Application of Acts and subordinate statutes on the accusation, deposit details, and Kakao Stockholm message details;

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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