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(영문) 대전지방법원 서산지원 2017.03.17 2017고단17
사기
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Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On May 2016, the Defendant made a false statement to the victim C at a restaurant operated by the Da, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, stating that “The Defendant would provide the victim with the money to be used as the studio deposit for his children, with the money to be paid in the manner of every month at the restaurant of the Party, while working at the restaurant of the Party.”

However, in fact, the defendant was thought to use the money received from the injured party to repay his/her debt, such as living expenses, and there was no intention to continue to work at the victim's restaurant, so there was no intention or ability to repay the money to the injured party even if he/she borrowed the money as above.

However, on May 18, 2016, the Defendant deceivings the victim as above, and took it over to the Defendant’s Nonghyup Bank account as the name of the studio deposit for the children’s children around May 18, 2016, KRW 500,000 as the living expenses on May 23, 2016, KRW 3 million as the down payment around May 26, 2016, and KRW 1 million as the down payment around May 28, 2016, respectively, and acquired KRW 6 million in total to the Defendant’s national bank account under the name of D, which was designated by the Defendant, as the down payment.

Summary of Evidence

1. Partial statement of the defendant;

1. Any statement made to the accused in part of each protocol concerning the suspect interrogation of the police;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to certify the results of electronic financial transfer, and details of transactions of deposits and deposits by suspects agricultural cooperatives;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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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