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(영문) 인천지방법원 부천지원 2014.10.08 2014고정989
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant, around June 25, 2013, operated “D” stores operated by Victim C in Seo-gu Incheon, Seo-gu, Incheon. Around June 25, 2013, operated a system that pays KRW 50,000 per unit of money to the victim for a period of one year, ten persons for guidance, and KRW 10,000 per month on the 25th day of each month, and concluded that the Defendant would pay the amount of money to the victim.

However, in fact, “E” (F) and “G” (H), a member of the said fraternity, were in a situation in which they were withdrawn from the said fraternity from the first month, and “I” did not have been admitted to the said fraternity, and “K” did not have any intent or ability to provide the amount of money in the sequence promised, even if they were to receive the amount of money from the victim, such as paying the amount of money twice and withdrawing from the said fraternity.

Nevertheless, as seen above, the Defendant deceivings the victim, and, from October 25, 2013 to October 25, 2013, acquired from the victim the sum of KRW 5 million, the sum of KRW 1 million paid in the 2nd unit of the month from that date, and acquired it by deception.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of police statement protocol to C

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

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;

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