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(영문) 의정부지방법원 2015.07.02 2014고정938
사기
Text

1. The defendant shall be punished by a fine of three million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

Around February 6, 2010, the Defendant received 15,894,381 won in total over 20 times as indicated in the attached Table of crime, including the transfer of KRW 1 million from the victim to the post office deposit account in the name of the Defendant, on the bridge of the cross-city bus terminal located in the Dong-dong of the Government-si on the ground that, even if the Defendant received money from the victim C, the Defendant did not have any intent or ability to distribute the profit or repay the money, the Defendant acquired the money from the victim on March 17, 2010, by acquiring 15,894,381 won from the victim to the post office deposit account in the name of the Defendant.

Summary of Evidence

1. C’s legal statement;

1. Notarial deed of a loan for consumption by means of transfer;

1. The detailed statement of financial transaction [the defendant alleged in the facts charged is not the borrowed money but the victim bears losses for the purpose of investment, so that there was no intention of deception and deception, and there was no intention of deception and deception. However, according to the above evidence, even if the defendant was invested to assume losses, the defendant's presentation of it as the inducement for investment was operating profits, namely, distribution of sales proceeds, and the victim believed and made an investment in trust, and the victim did not pay it to the victim even if the defendant suffered operating profits, and therefore, the defendant did not pay it to

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense. Article 347 (1) of the said 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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