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(영문) 대구지방법원 포항지원 2013.04.18 2012고정567
사기
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 April 24, 2010, the Defendant made a false statement to the victim B (the 56-year-old age-old) at the Kim Hanwon-si, Daegu-si, the name of which is located in the Seowon-si, Daegu-gu, for which the Defendant could not be identified. “The Defendant was engaged in the activities in the Cdab in racing, but the prepaid amount is required to be KRW 3 million. When transferring the prepaid amount of KRW 3 million, the Defendant made a false statement from April 28, 2010 to the multiple employees.”

However, even if the victim receives the advance payment, there was no intention or ability to pay the advance payment while working as a multi-user.

On April 25, 2010, the Defendant got transferred KRW 3 million to the Saemaul Treasury account in the name of the Defendant to the victim by deceiving the victim as such.

2. On May 6, 2010, the Defendant did not have any intent or ability to repay the victim even if he borrowed money from the victim within the territory of the North Korean territory.

Nevertheless, the defendant needs to transfer money to the victim.

If a person lends 1.5 million won in advance to another person, he/she would be paid in work as a multi-party employee.

As such, the Defendant, by deceiving the victim, received 1.5 million won from the victim to the account of community credit cooperatives in the name of the Defendant on the day, and acquired 4.5 million won in total on two occasions.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Police suspect interrogation protocol regarding E;

1. Application of the police protocol protocol law to B

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

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