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(영문) 대전지방법원 논산지원 2018.02.20 2017고정100
사기
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. On March 29, 2016, the Defendant entered into a contract with the victim B to install a high-speed strawing bed in KRW 15,937,580 at the “D office” office operated by the Defendant in Seosan-si, Seosan-si, to the victim B, and said that “The victim would immediately install a high-speed strawing bed in the face of KRW 7 million before the value of the steel strawing.”

However, even if the defendant receives money from the injured party, the defendant did not have the intention or ability to immediately establish the said voucher.

As such, on March 29, 2016, the Defendant, by deceiving the victim, received seven million won from the damaged party to the Nonghyup Bank account (E) in the name of the Defendant, and acquired it by fraud.

2. On June 12, 2016, the Defendant against the victim F entered into a contract with the victim Fh's h's h's h's h', located in G's Y G's h's h's h's h's h's h', G's h's h's h's h's h', and the victim F's h's h's h's h's h's h's h'

However, even if the defendant receives money from the injured party, he/she did not have the intention or ability to establish the voucher within the above period.

On June 13, 2016, the Defendant: (a) by deceiving the victim; (b) transferred KRW 7 million from the victim’s account under the name of the Defendant to the said Nong Bank account; and (c) returned KRW 1.5 million to the said account; and (d) acquired pecuniary gains equivalent to KRW 5.5 million, which is the difference.

Summary of Evidence

1. A second-time protocol concerning the examination of the suspect against the defendant;

1. On July 15, 2016, and September 2, 2016, some of the statements made to the defendant in the suspect interrogation protocol for each police officer on September 2, 2016

1. Each police statement made to B or F;

1. Verification of transaction details;

1. Written estimate;

1. Application of the statute of commitment;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (1) of the Criminal Act for the aggravation of concurrent crimes.

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