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(영문) 대구지방법원 2014.10.30 2013고정2906
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On October 2012, the Defendant: (a) knew that the victim B had access to a private soil site (C) and invested KRW 8.5 million, and did not receive dividends on the amount invested by the business owner of the program; and (b) provided the victim with telephone calls to the victim, saying, “in Korea, A was still unable to pay money from the owner of the program business; (c) the victim collected the victim so that he/she can be seen as singinging; and (d) at present, the victim needs money.”

However, the defendant did not have any intention or ability to receive dividends of 3,000,000 won from the victim.

As such, on October 5, 2012, the Defendant, by deceiving the victim as such, transferred three million won from the victim via the National Bank Account (D) in the name of the Defendant, and the same month.

6. Upon receipt of remittance of KRW 3 million through the above account, at around 19:00 on the same day, Kwikset and received KRW 1 million in cash from the victim around the F hotel in Daegu-gu E, and received KRW 7 million in total from the victim.

2. On November 1, 2012, the Defendant told the victim G to return cash of 2 million won to the victim G within a packaging package that does not know the trade name in the Daegu Suwon-gu Yellowdong, and said that it would return cash of 2 million won to the victim G after 2 hours from the date of transfer.

However, the defendant did not have the intention or ability to return it to the victim.

The Defendant, as such, by deceiving the victim, received two million won from the victim through the bank account (I) in the name of H.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Application of Acts and subordinate statutes of each police statement protocol against B and G;

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

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

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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