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(영문) 의정부지방법원 고양지원 2014.02.20 2014고정76
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On January 10, 2013, the Defendant: (a) reported the Defendant’s advertisement amounting to KRW 500-1,000,000,000 to KRW 1.2 million per month to the victim D, who was posted in the column for job-seeking advertisement of rice Luxembourg newspaper, on the following grounds: (b) on January 10, 2013, the Defendant made a false statement to the effect that “if the Defendant entered into a partnership agreement with the guarantee money, and the rent or luminous first day, the Defendant would pay KRW 1,200,000 from KRW 1 million per month and guarantee the half of the profits of the Deputy Director, but the Defendant would guarantee the profits of KRW 2,00,00 per month.”

However, from around December 2012, the Defendant received the deposit from the third Deputy Commissioner in the same manner, E, F, G, and H, who are the partners of the third Deputy Commissioner, and received the deposit, but from around December 2012, the deposit received from the third Deputy Commissioner was not returned, and thus, the Defendant did not have any intent or ability to guarantee the profits promised even if he received the deposit from the victim D, and there was no property from the Defendant at the time, so there was no intention or ability to return the deposit received.

Nevertheless, on January 10, 2013, the Defendant received five million won as a security deposit from the victim D and acquired it through deception, and from around that time to February 27, 2013, the Defendant received 12 million won in total as a security deposit from three victims on three occasions, such as the list of crimes in the attached Form.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statements made to F, E, I, H, D, and J;

1. Investigation report (to hear and report the victim's K phone statement);

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 347 (1) of the Criminal Act and the choice of a fine concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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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