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(영문) 수원지방법원 성남지원 2013.04.18 2013고정177
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If a fine is not paid, 50,000 won shall be converted into one day.

Reasons

Punishment of the crime

1. On June 7, 2011, the Defendant made a false statement that “E in the operation of the Defendant in the D market located in Songpa-gu Seoul Metropolitan Government, would allow the victim F to supply agricultural products to the usfk if he/she lends business promotion expenses.”

However, the defendant did not have the intent or ability to allow the victim to supply agricultural products to the USFK.

As above, the Defendant, by deceiving the victim as above, obtained 15 million won from the victim, namely, i.e., the victim.

2. On February 24, 2012, the Defendant made a false statement to the victim by phone calls at an insular place and lending the amount of customs clearance funds to the victim because the amount of customs clearance funds is insufficient. The Defendant cleared the goods through customs and promptly returned the amount.

However, even if the defendant borrowed money from the victim, he did not have any intention or ability to clear the goods with the cost of customs clearance and pay the price immediately.

As above, the Defendant, by deceiving the victim, acquired 6 million won from the victim to the Defendant’s wife G bank account in the name of the Defendant’s wife.

Summary of Evidence

1. The part corresponding to the witness F’s legal statement

1. A protocol concerning the suspect examination of the accused;

1. Application of the police statement-related Acts and subordinate statutes to F;

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the applicable criminal facts, the choice of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. It is so decided as per Disposition on the grounds of Articles 70 and 69(2) of the Criminal Act or more;

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