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(영문) 창원지방법원 통영지원 2013.07.04 2012고정820
사기
Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

1. Around 10:00 on June 17, 2010, the Defendant called “a person who wants to pay and receive money” by calls from the victim B, stating that “A person who wants to do so is urgently needed shall be lent KRW 10,000,000,000 per month.”

However, even if the victim borrowed money, the defendant did not have the intention or ability to receive the money.

The Defendant, as such, by deceiving the victim, received KRW 9.3 million from the victim around 15:00 on the 18th of the same month.

2. Around 09:00 on July 8, 2010, the Defendant phoneed the victim and told that “The amount of the advance payment will be raised in KRW 3 million per day, including KRW 3 million per day, and KRW 300 million per day, and KRW 10 million will be collected.” The Defendant received progress payment.

However, even if the defendant receives a progress payment, he did not have the intention or ability to pay 3 million won to the victim.

The Defendant, by deceiving the victim as such, was transferred from the victim KRW 17:00 on the same day to KRW 3 million on the same day.

3. On September 2010, the Defendant called to the Defendant by phoneing the victim on September 1, 2010, saying, “The Defendant borrowed KRW 2 million to the Defendant, so it would be possible to resolve the progress payment at once once.”

However, even if the defendant receives a progress payment, he did not have any intention or ability to repay all the amount borrowed.

The Defendant, as such, by deceiving the victim, received 500,000 won on the day from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol protocol law to B

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

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

1. Articles 70 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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