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(영문) 의정부지방법원 2016.11.17 2016고정1736
사기
Text

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

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

Reasons

Punishment of the crime

On December 11, 2015, the Defendant stated that “The Defendant would receive dividends each KRW 10 million at the time of withdrawal of an objection to dividend (a compulsory auction by official auction by official district court)” from the victim B and the victim C in the Jung-gu District Court prior to the Jung-gu District Court on the Dong-si District Court, which was able to do so.”

However, in the above auction procedure, the defendant did not have any intention or ability to pay the money promised to the victims even if he receives the dividend, because the defendant did not have any prior agreement with the creditors to receive the dividend in the name of the third-party house.

As above, the Defendant, by deceiving the victims, had them withdraw the application for objection to the distribution on the same day, and acquired each pecuniary benefit to receive dividends immediately.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of an agreement on agreement, submission of data submitted by the complainant (a certified copy of the register, contract on collateral security, objection to distribution, etc.), withdrawal of the objection to distribution, a certified copy of the register (section 63), account transaction statement (for example, account transaction statement);

1. Article 347 (1) of the Criminal Act and Article 347 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

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

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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