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(영문) 서울중앙지방법원 2020.04.29 2019고정2871
사기
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On June 4, 2018, the Defendant subscribed to the 2nd unit of the 15th unit of the 15th unit of the successful bid (the 15th unit of the 16th unit of the 16th unit of the 16th unit of the 15th unit of the 15th unit of the 15th unit of the 15th unit of the 15th unit of the 10th unit of the 15th unit of the 15th unit of the 10th unit of the 15th unit of the 15th unit of the 10th unit of the 15th unit of the 10th unit of the 15th unit of the 10th unit of the 15th unit of the 10th unit of the 15th unit of the 10th unit of the 14th unit of

However, in fact, the Defendant did not have any certain income or property owned specially at the time, and the Defendant was waiting for immunity after filing a petition for bankruptcy at the time, and thus, there was no intention or ability to pay the remainder of the fraternity payment even if receiving the fraternity payment from the victim.

Nevertheless, the Defendant, at the end of July 16, 2018, transferred the amount of KRW 10 million for the old account from the victim to a bank account (D) in the name of the Defendant designated by the Defendant at least two times on July 16, 2018. From August 14, 2018, the Defendant acquired pecuniary benefits equivalent to the amount of KRW 3.6 million for the remainder of the paid amount (9.62 million for the paid amount to be paid by the Defendant - KRW 6.6 million for the paid amount = 3.6 million for the paid amount) without paying the amount of KRW 6 million for the four times until August 14, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A deposit (deposit) transaction list, a check note of the details of transactions from each deposit account, and a detailed statement of each deposit transaction;

1. The application of Acts and subordinate statutes to the preparation marks, accounting books, etc., copies of each accounting book, and copies of receipt certificates of deposits;

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. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of punishment by law: A fine not exceeding 20 million won;

2. Sentence;

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