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(영문) 서울동부지방법원 2016.06.21 2016고정808
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

On February 10, 2015, the Defendant stated that “The Defendant would make a full payment by disposing of an officetel owned by the Defendant with money to the company,” at the victim C’s house located in Busan District District, Busan District.

However, in fact, the defendant operated a company or did not own an officetel, and in the absence of any property or income, he did not have any intent or ability to repay it even if he borrowed money from the victim due to the need for teaching expenses with the victim.

On February 17, 2015, the Defendant received from the injured party a certificate of KRW 10 million in front of the check and five copies of the check.

Accordingly, the defendant deceivings the victim, thereby deceiving 25 million won.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the police against C;

1. Provision of financial transaction information (such as a certificate, etc. of transaction in front of a check), investigation report (Listening to a complainant's telephone statement), accusation, certificate of deposit transaction records, and application of the Acts and subordinate statutes on the table prior to withdrawal transactions;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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