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(영문) 의정부지방법원 2019.01.17 2018고정1545
사기
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On December 22, 2015, the Defendant made a false statement to the victim C that “The project funds will be urgently needed to operate the project in the United States, and if there is a week, it will be repaid after one week because there is a place of money in the Republic of Korea.”

However, even if the Defendant borrowed money from the victim, it was thought that he would use it as his own stock investment fund, but did not plan to use it as his business fund, and it was not possible to pay within one week due to the fact that he has already lost the amount of 60 million won from the victim.

The Defendant received KRW 12,00,000,000 from the victim’s bank account (E) in the name of the Defendant on December 23, 2015, and KRW 12,00,000,000 from the victim on January 4, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on financial transactions in the principal;

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 (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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