(영문) 대구지방법원 서부지원 2017.04.28 2017고정10

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 서부지원 2017.04.28 2017고정10

사기

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The Defendant appears to have written “C” written indictment against the Victim B on June 1, 2016 as “B”.

The phone calls to the Defendant, saying, “The security deposit is required to deliver raw milk to the department store in Seoul, and if 4 million won is leased, it shall be repaid to the firstman on July 18, 2016.” On the other hand, the Defendant calls the victim around July 18, 2016 and then calls the victim to deliver raw milk to the department store in Daejeon, and the security deposit is necessary. If 2 million won is lent, it shall be paid to the Defendant by July 26, 2016.”

However, the Defendant, through the Association of Persons with Disabilities, expressed his/her intention on whether to supply raw materials to the department stores through the Association of Persons with Disabilities, and did not have concluded a contract with the department stores to supply raw materials, and even if he/she received the said money from the victims, he/she was willing to use the said money for the opening of his/her business and the purchase of office books, etc., and there was no intention or ability to pay the said money as a deposit to the department stores.

The Defendant, as such, by deceiving the victim, received KRW 4 million on June 1, 2016 from the victim’s personal compromise account under the name of the Defendant, and received KRW 6 million on or around July 18, 2016, and received KRW 2 million on or around July 18, 2016.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against B;

1. The application of Acts and subordinate statutes to report internal investigation (a statement of transactions, etc.);

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the crime, the selection of fines;

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;

참조조문

-형법 제69조 제2항

-형법 제70조 제1항

-형법 제347조 제1항

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