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(영문) 청주지방법원 2017.09.21 2017고정386
사기
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On October 27, 2016, the Defendant recommended the victim B to purchase 300 shares of Dara gender shares via the Kakakao Stockholm on the ground that “the 50 shares of Dara 50” was purchased from the victim B.

A false statement was made to the purport that the payment of KRW 10,350,000 is to be made immediately when shares were deposited in the domestic account.

However, the Defendant did not intend to pay the price even if he received new gender shares from the injured party. On September 2015, the Defendant was a plan to hold the said shares as a security to recover KRW 10 million invested in the company called the "Vast Korea", which is the "Vast Korea" through the victim.

The Defendant, by deceiving the victim as such, received 300 shares of New Libere from the victim’s account in the name of the Defendant on the same day from the victim, but did not pay 10,350,000 won of the price, thereby acquiring property benefits corresponding thereto.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of a separate statement by a person to be raised;

1. Statement made by the police against C;

1. Details of investigation report (victim C telephone conversations), suspect and B Kakao Stockholm, suspect and complainant's representative on the side, Kakao Stockholm;

1. Application of the Acts and subordinate statutes on detailed transactions on the entry and departure;

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

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