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(영문) 창원지방법원 거창지원 2013.04.03 2013고정22
사기
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is working in a multi-face, and he conspireds with B to obtain a letter of guarantee from each other and receive a prepaid payment.

Around 17:00 on January 25, 2012, the Defendant: “B” operated by the Victim D located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, means “B shall pay to the victim KRW 3.5 million with the payment of KRW 3,50,000,000,000,000 to the Defendant,” and the Defendant “A guarantee shall be lent to the Agricultural Cooperative (F) in the name of B on the same day,” and received KRW 3.5 million from the Defendant to the Defendant’s account in the name of G (H) on the same day, and thereafter, the Defendant would have repaid to the victim with the payment of KRW 2,60,000,000 to the Defendant.”

However, even if the defendant and B receive the advance payment from the victim, they did not have the intention or ability to work in E.

Nevertheless, the Defendant, as such, by deceiving the victim and deceiving him, acquired KRW 3.5 million from the victim, and the Defendant acquired KRW 2.6 million from the victim to the head of the Tong.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect B;

1. Application of Acts and subordinate statutes of each protocol of police statement concerning D;

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning criminal facts and the choice of punishment (generally, referring to the choice of fines);

1. Articles 70 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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