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(영문) 서울중앙지방법원 2016.12.21 2016고정2809
사기
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On October 8, 2013, the Defendant and C made a false statement to the victim E and F at the office of Gangnam-gu Seoul, Seoul, stating that “The Defendant and C, upon request of the president of the National Park Management Agency, shall be employed as the Director of the National Park Management Agency for North Korea and the Myansan mountain.”

However, the defendant and C did not have any way to find the victims as the head of the National Park Management Office, and there was no intention or ability to comply with the above commitment even if they received money from the victims for their personal use regardless of employment activity expenses.

In the end, the Defendant and C conspiredd with the above, thereby deceiving the victim as above, and they acquired KRW 10 million from the victim E and KRW 20 million from the victim F, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect C by the prosecution;

1. Each police statement of E;

1. A complaint;

1. A deposit certificate;

1. Each written confirmation;

1. Application of Acts and subordinate statutes related to the National Park Management Corporation;

1. Article 347 (1) and Article 30 of the Criminal Act concerning the relevant criminal facts, the choice of punishment, and the choice of fines;

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

1. Articles 70 (1) 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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