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(영문) 대구지방법원 영덕지원 2013.03.13 2012고정47
사기등
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On October 11, 2012, the Defendant of criminal power was sentenced to imprisonment with prison labor for four months at the Gangnam Branch Branch of the Chuncheon District Court, and the said judgment became final and conclusive on December 27, 2012.

2. On October 12, 201, the Defendant made a false statement to the victim C by calls to the victim C within the Defendant’s residence, which was a sporadic port or a sporadic port (hereinafter referred to as “non-spodic port”) around 20:00.

However, even if the defendant received the above money from the victim C, the defendant did not intend to work in the multilateral bank operated by the victim C.

As such, on October 12, 201, the Defendant acquired 4,100,000 won in total from the Defendant’s account (D) to the Defendant’s account at the Defendant’s residence; KRW 300,000 to the same account on November 1, 201 of the same year; KRW 300,000 to the same account on November 4, 19 of the same year; and KRW 2.5 million from the E multilateral operated by the Victim C to the same account on November 7 of the same year.

3. On November 7, 201, from around 08:30 to the same day, the Defendant embezzled 50,000 won of the coffee price received from customers, while working in Eda operated by the victim C, the victim C, who was in the Republic of Korea, as an employee, while working in the Eda operated by the victim C, the Defendant embezzled 50,000 won of the coffee price received from the customers.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Descriptions of details of financial transactions and inquiries into complaints;

1. Previous convictions indicated in judgment: Application of statutes in which criminal records and investigation reports are recorded;

1. Relevant Article 347(1) of the Criminal Act, Articles 356 and 355(1) of the Criminal Act (the point of fraud), the choice of each fine for the crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment determined for the crime of occupational embezzlement heavier than punishment);

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

1. Article 334 of the Criminal Procedure Act provides for an order of provisional payment.

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