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(영문) 서울동부지방법원 2017.06.08 2016고단4360
사기
Text

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

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

Reasons

Punishment of the crime

On August 20, 2015, the Defendant, in a car page located in Seocho-gu Seoul Metropolitan Government Seocho-gu, has a large amount of money to the victim C.

When only security is prepared, a loan equivalent to KRW 3 billion can be granted, and it was confirmed by the State of the Fund.

However, in order to proceed with work, the contract amount is required, and the contract amount is required, so the contract amount is changed to five million won first.

However, at the time of fact, the Defendant did not know at all of the funds worth KRW 3 billion and did not have to confirm who is possible to grant a loan. The Defendant received an agreed amount to be used first of all for personal purposes, such as repayment of debts, living expenses, etc., because it was not good for the bad credit holders to have no other property or income, and the circumstances such as only liability, etc. are not good. Thus, even if the Defendant received the said agreed amount from the injured party, he did not have the intent and ability

Nevertheless, on August 25, 2015, the Defendant: (a) by deceiving the victim; (b) received transfer of KRW 5 million from the Saemaul Treasury Account (D) in the name of the Defendant on August 25, 2015 from the victim; and (c) received, or received, a total of KRW 30 million from March 20, 2016, in the same manner as indicated in the attached crime list, from March 20, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the accused by the prosecution (including part concerning C’s statement);

1. Application of Acts and subordinate statutes to the details of transactions of passbooks, receipts, specifications of transactions automatically entering and withdrawing cash, and written confirmation of transfer results;

1. Relevant provisions of the Criminal Act, Article 347(1) of the Criminal Act (the point of fraud) and the selection of fines for the crime;

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

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the fact that the defendant, who has agreed with the victim, late later, is against the victim, and that there are particular criminal records other than prior convictions of fines.

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