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(영문) 대구지방법원 경주지원 2014.12.10 2014고정229
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On October 5, 2011, the Defendant: “D” page operated by the victim C in the vicinity B of the racing-si, and paid KRW 5 million to the victim, the Defendant would faithfully pay the monthly payment set monthly in order to pay the amount of KRW 5 million,000,000,000,000, which is run by the victim; and the Defendant joined three times the order of operation of the victim.

However, while running an insurance business, the Defendant was paid approximately KRW 100-20 million monthly allowances, but most of them were used in paying interest on bonds or in paying insurance proceeds on behalf of others, and there was little practical income, and so-called, the Defendant did not have the ability to pay monthly payments as the so-called bad credit holders.

As above, the Defendant, by deceiving the victim, was delivered KRW 5 million from the victim to the account of community credit cooperatives in the E name on December 5, 2011.

From that time until February 20, 2012, the Defendant was transferred KRW 1,877,00,000 as a member of the number system operated by the victim, as shown in the attached list of crimes, from that time.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of the police interrogation of the accused (including cross-examination);

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to a complaint, A deposit details, each balance sheet, each statement of deposit and withdrawal, certificate of personal seal impression, payment order, request for data transmission, receipt (in advance notice on expenses for execution), investigation report (in advance), career (data submitted by a suspect), career-based inquiry, certificate of career experience, statement of transactions (E, F), copy of complaint, statement of criminal investigation report (inform of documents submitted by a suspect);

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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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