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(영문) 서울동부지방법원 2013.09.11 2012고단2884
사기
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

Around May 16, 2011, the Defendant: (a) around March 16, 201, at the “D” store in Gwangjin-gu Seoul Special Metropolitan City, the third floor; and (b) on April 13, 2011, the Defendant: (c) transferred all the projects of the “D” store to E; (d) even if the Defendant received the “D” store from the victim F, he/she did not have the intent or ability to normally operate the above 11.5 million won; and (d) said, the Defendant made a false statement that “The Defendant would pay the management fee of KRW 10 million to G; and (e) said, he/she acquired KRW 10,500 from the victim’s post office account (number: H) in the name of the Defendant on May 16, 201; and (e) had the victim acquire it with the profits of KRW 1500,000 from the victim on May 16, 201 and paid the total amount of KRW 100,00,000.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's statement concerning F and E;

1. A criminal investigation report;

1. Application of the details of each financial transaction and each Act and subordinate statutes on deposit receipts;

1. Article 347 (1) of the Criminal Act applicable to the crime;

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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