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(영문) 수원지방법원 성남지원 2017.06.22 2017고정337
사기
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

around January 2012, the Defendant is required to pay money to the victim D in Gangdong-gu Seoul Metropolitan Government around January 2012.

It shall be paid immediately after lending money.

“A false statement” was made on January 13, 2012 from the complainant, and it was transferred KRW 100,000 to the Saemaul Change E account in the name of the Defendant on January 13, 2012. Then, from the complainant, KRW 300,000 from January 16, 2012, KRW 100,000 from January 20, 2012, and KRW 300,000 from January 23, 2012 was granted to the complainant in cash.

However, the defendant did not have any intention or ability to repay it from the beginning.

Accordingly, the defendant was issued a total of KRW 1.7 million by deceiving the complainant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of investigation reports (Submission of written confirmation of deposit without passbook), investigation reports (to hear statements of victims), and statutes;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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