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(영문) 서울남부지방법원 2014.06.16 2014고정755
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 shall be one day.

Reasons

Punishment of the crime

Around July 2010, the Defendant called the victim C at the office of the Defendant located in Yangcheon-gu Seoul Metropolitan Government, and proposed that “When 500,000 won are paid in 50,000 won per month in total, the Defendant would operate a system of 10,000 won in the same sequence.”

The Defendant agreed to pay the amount of money of KRW 30 million in total, up to December 201, when the Defendant faithfully pays the amount of money by giving the sequences Nos. 18, 19, and 20 to the victim as the victim joined the three units of the above fraternity, the Defendant agreed to pay the amount of money of KRW 10 million in total, around February 201, and around February 2012.

However, the defendant, at the time of the commencement of the business community, reached approximately KRW 80 million, and the defendant collected the creditors of the defendant as a member of the business community, and intended to offset the personal debt and the amount of the fraternity. The amount received was also intended to be used voluntarily, and there was no intention or ability to pay the fraternity normally at the time of the agreement even if the defendant received the fraternity from the beginning even if he did not receive it from the beginning.

Accordingly, the Defendant, as seen above, by deceiving the victim, received KRW 1.5 million from the victim on July 26, 201, a transfer of KRW 1.5 million from the victim on the three-dimensional deposit around July 26, 201, and received KRW 25.5 million from the time to November 27, 2011 as shown in the attached crime list.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written petition;

1. Application of Acts and subordinate statutes to each investigation report (report on the details of A's account, report on the result of execution of a warrant of search and seizure, and report on attachment of major transaction details for each suspect and each customer

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

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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