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(영문) 서울중앙지방법원 2015.11.20 2015고단5544
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 April 2013, the Defendant made a false statement to the victim that “The Defendant would ask the victim D to have the set of the set of the set of the set of the set of the set of the set of the set of the set of the set of the set of the set of the sets of the Fund through the internal seal. In order to obtain the set of the set of the Fund, even if part of the set of the set of the set of the deposit, the Defendant first changed the money.

However, the defendant did not have any intention or ability to seek the deposit money even if he receives the money under the name of the deposit money, such as remitting the money received from the victim to a third party with the investment money for another business.

Nevertheless, the Defendant, at the end of May 29, 2013, received KRW 10 million from the victim to the Agricultural Cooperative Account under the name of the Defendant, and received KRW 20 million from the victim to the same account, such as receiving KRW 30 million on May 29, 2013.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Financial transaction statement;

1. In light of the evidence presented in the judgment below based on the evidence duly adopted and examined by the court, the criminal intent of the criminal defendant by deceit can be sufficiently recognized. ① The defendant received in advance the money in the name of the deposit for lease from the victim without finding the object to be leased. ② The defendant used the money in advance from the victim on the day when the money in this case was deposited from the victim. ② The defendant used the money in this case immediately on the day when the money in this case was deposited from the victim.)

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. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing conditions indicated in the records of this case, such as the age, character and conduct, family relationship, family relationship, home environment, motive and means of the crime, and circumstances after the crime, shall be determined as ordered by taking into account the following circumstances.

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