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(영문) 수원지방법원 안산지원 2013.11.06 2013고단1791
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.

Reasons

Punishment of the crime

Around March 2, 2011, the Defendant, at the entertainment drinking club in Sii-si, Sii-si, assumed that the Defendant would have repaid money to the victim E with the intent of “D”, stating that the Defendant would have repaid the money to the victim E.

However, the Defendant, while running the said entertainment tavern, did not have the ability to pay money even if he/she borrowed money in a situation where he/she was not able to make profits due to a large amount of money paid due to taxes, monthly income, and operating expenses.

Around March 2, 2011, the Defendant received KRW 4 million from the above victim to the corporate bank account in the name of the Defendant.

In addition, the Defendant was transferred KRW 70,50,000,000 from March 2, 201 to April 18, 201 by deceiving the said victim in the same place as indicated in the annexed crime list in the same manner as in the attached crime list.

Accordingly, the defendant was given property by deceiving the above victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement to F and E;

1. Application of Acts and subordinate statutes to the details of account transfer and account transaction;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

3. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing of Article 334(1) of the provisional payment order include the confession and reflection of the instant crime, and the circumstances of the instant case, etc. shall be determined as per the order.

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