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(영문) 서울중앙지방법원 2014.06.12 2014고정1405
사기
Text

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

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

Reasons

Punishment of the crime

On May 23, 2013, the Defendant is a person operating a company B, which mediates the sale and purchase of membership rights, such as golf clubs and containers, and on May 23, 2013, the Defendant: (a) in the company located in Gangnam-gu Seoul, Seoul, and (b) in that time, inasmuch as an employee’s liabilities reach KRW 300 million, and (c) inasmuch as the company’s financial situation is not good due to embezzlement and locking of public funds, it was thought that the sales proceeds would be used as funds for the company’s operation; and (b) inasmuch as there was not a request for the sale of membership from E, a member of the D golf club at the time, the Defendant called “F, who is an employee of the company, will purchase the membership because there was a person seeking to sell the membership of the D golf club,” and (c) obtained from the victim to purchase the membership under the name of KRW 100 million on May 23, 2013; and (d) obtained the total account number of KRW 2500 million from each bank account.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol against I and F;

1. Statement to J police officers;

1. A complaint;

1. A report on investigation (Submission of a detailed statement of transaction in passbooks to a corporation);

1. Application of agreements on sales of membership cards and written confirmation of deposit without passbook;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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