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(영문) 대구지방법원 2017.08.09 2017고정1116
사기
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[116] The Defendant, on July 9, 2015, did not have the intent or ability to work in advance even if he/she received the advance payment from the victim B at a place in which he/she was not paid the advance payment, the Defendant, despite having no intention or ability to work in advance, will the Defendant, “The Defendant, on his/her face of the advance payment, will be paid to the victim with his/her work in advance and having him/her work in advance.”

The phrase “ makes a false statement.”

The defendant deceivings as above and acquired 6 million won through the Saemaul Treasury Account (Account Number: D) in the name of the defendant designated by the defendant from the damaged person in advance of the same day.

On July 20, 2015, the Defendant 1117 of 2017, the Defendant works for the Victim F in Nam-gu, Nam-gu, Seoul, as the Defendant’s employee of G multilateral bank on July 20, 2015.

The phrase “ makes a false statement.”

However, there was a fact that the defendant received 6 million won from another business establishment on July 9, 2015 under the name of a bits, and even if he received a bits from the damaged person, he did not have the intention or ability to work as an employee in the above multi-face.

The Defendant, by deceiving the victim, received 2.5 million won from the victim, to the Saemaul Treasury account in the name of H designated by the Defendant at the time of the above day, and acquired 1.1 million won through cash delivery around July 30, 2015 by receiving 1.1 million won from the same method.

Summary of Evidence

"2017 High Doz. 1116"

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. "No loan certificate, a certificate of seal imprint, a certified copy of resident registration, and a detailed statement of transaction";

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to a loan certificate;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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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