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(영문) 인천지방법원 2018.01.12 2017고정2668
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

1. At around 13:00 on July 28, 2016, the Defendant made a false statement to the victim C, stating, “The Defendant would give the victim C a letter of credit on KRW 20,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000.”

However, the fact did not have the intention or ability to provide the time limit, even if the victim provided the money and received the money.

The Defendant, by deceiving the victim as such, received money of KRW 5,440,000,00 from 1,360,000 to 1,460,000 to 1,360,000,000 from the victim to D (E)

2. On October 2016, the Defendant requested that the injured person would not be able to see the sequence 10,000 won in which he/she would face to 9 in 20,000 won in 20,000 won in 20,000 won in 15 days, and he/she is operating the 10,000 won in 70,000 won in 15 days, and 2 accounts in 20. Thus, if the injured person was to pay 10,000 won in 10,000 won in 20,000 won in 3rd, he/she would not be able to come to us.

The phrase “ makes a false statement.”

However, even if this is paid by the injured party, there was no intention or ability to provide the time limit money.

Nevertheless, it received KRW 700,000 from the injured party on October 31, 2016 and KRW 700,000 around November 14 of the same year from the injured party, and acquired KRW 1,40,000 through two times in total.

Summary of Evidence

1. The defendant's legal statement (the second public trial date);

1. Statement made by the police against C;

1. Application of statutes on details of account transfer, certificates of account transfer by transaction account, investigation reports (related to references G and H statements);

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the selection of fines for the crime;

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

3. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

4. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment.

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