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(영문) 광주지방법원 2019.02.15 2018고정1138
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

Defendant,

1. On January 23, 2018, a person may receive high interest of 10% per month from three persons, such as C, D, and E, a defendant’s post-delivery of money by telephone call to the victim B, and on the false statement that the principal would be repaid after five to eight months, it shall be 4.5 million won in the F Bank account (Account Number: G) in the name of the victim C, 3.6 million won in the H Bank account (Account Number: I) in the name of D on January 30, 2018, and 4.5 million won in the J Bank account (Account Number:K) in the name of E on January 31, 2018;

2. Around February 1, 2018, if the Defendant’s father by telephone calls to the victim and lends money to the victim that it is necessary to pay money due to personnel expenses, etc. as personnel expenses, etc., the Defendant’s father would pay by March 15, 2018, he/she received 3.6 million won from the victim to the L account (Account Number: M) in the name of the Defendant on that day.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Written statements in D, C, and B;

1. Application of Acts and subordinate statutes concerning details of transactions of complaint and complainant accounts;

1. Article 347 (1) of the Criminal Act as to the facts constituting the crime;

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

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;

1. Articles 25 (1), 31 (1), (2) and (3) of the Act on Special Cases concerning the Promotion, etc. of Orders for Compensation and Sentence of Provisional Execution;

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