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(영문) 의정부지방법원 고양지원 2020.02.14 2019고정945
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

On August 8, 2018, the Defendant made a false statement to the victim B at a coffee shop, where it is impossible to know the trade name in the Yongsan-gu, Yongsan-gu, Goyang-si, Goyang-si, the Defendant concluded that “The Defendant would establish a legal entity (afiner) by appointing a lawyer in the United States, on the face of the cost of attorney-at-law and documentary evidence, etc., by allowing the said legal entity to appoint a victim, and then have him/her be employed as a maintenance company in the United States.”

However, in fact, the defendant had no intention or ability to establish a corporation in the United States to obtain a U.S. employment visa from the victim or to employ the victim as a maintenance company in the United States.

Ultimately, the Defendant, by deceiving the victim as above, received KRW 6,924,00 in total three times, including KRW 3,864,00,00, around August 23, 2018, around KRW 1,500,000, around August 27, 2018, and KRW 1,560,000, around September 5, 2018, from the victim to the Agricultural Cooperative Account (C) in the name of the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement concerning B;

1. A complaint (including both accompanying documents);

1. A criminal investigation report (Submission of materials);

1. Application of Acts and subordinate statutes concerning specification of transactions;

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

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

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