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(영문) 인천지방법원 2017.11.27 2017고정950
사기
Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

around 04:15 on April 27, 2016, the Defendant, “2017 High 950, the Defendant,” instead of having an intention or ability to calculate the drinking value from the main point of “D” operated by “D,” in the Nam-gu Incheon Metropolitan City, Seoul, by deceiving the victim as if he were to calculate the drinking value, and then, deceiving the victim as if he were to do so, the Defendant acquired a total of KRW 29,000,000 from the injured party, namely, KRW 2 sick (6,00,000, KRW 8,000, KRW 5,000, KRW 10,000, and 29,000 as he did not pay the drinking value.

around 22:00 on September 7, 2012, the Defendant stated that “Around September 22, 2017, the Defendant would immediately receive money from the Defendant at the place where the Defendant would receive money from the victim F in Seo-gu Incheon, Seo-gu, Incheon, even if he/she did not have any intent or ability to pay the money from the victim F in return,” but he/she did not have any intent or ability to purchase the cargo vehicle and pay the premium.”

Defendant deceiving the victim as above and received KRW 1850,000,000 from the victim in total seven times until October 31, 2012, such as by deceiving the victim and receiving KRW 1,850,000 from the Saemaul Treasury Account (I) in the name of H on the same day from the victim.

Summary of Evidence

"2017 High 950"

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement prepared in C;

1. Receipts and on-site photographs "2017 Go fixed 954";

1. A protocol concerning the interrogation of the suspect against the defendant;

1. Statement made by the police to J;

1. Application of Acts and subordinate statutes on detailed statement of accounts separate transactions;

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the choice of fines for the crime;

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

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 concerning the order of provisional payment;

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