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(영문) 수원지방법원 여주지원 2014.07.14 2014고정73
사기
Text

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

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

Reasons

Punishment of the crime

On August 16, 2012, the Defendant received from B a request from C to deliver KRW 16 million (one copy of KRW 10 million check, one million of KRW 10 million check, and six copies of KRW 1 million check) on the pretext of the soil and sand transport fee, but used it for personal use.

1. On August 16, 2012, the Defendant: (a) was embezzled by the Defendant; (b) was aware that the said check would not be paid normally; and (c) was sent KRW 950,00,000 to the victim, excluding the credit value of KRW 50,000,00,000, under the name of the Defendant, by suggesting that the said check would be paid normally to the victim; and (d) the Defendant had known that the said check would not be paid normally.

2. The Defendant, at the key point of the JJ’s management of the victim I (n, 47 years of age) in the same day, embezzled by the Defendant, and even if he knew that the above check would not be paid normally in the future, he had taken place as if the above check would be paid normally, and was issued KRW 928,000,000, excluding 14,000,000, excluding 15,000,000 won, and 14,000,000 won.

Accordingly, the Defendant, by deceiving the victims, received a total amount of KRW 1,892,00 from the victims twice.

Summary of Evidence

1. Statement of examination of the police suspect against the accused;

1. Statement of each police statement of I and E;

1. An investigation report (a report accompanied by a copy of protocol of the related case);

1. Each complaint;

1. Application of Acts and subordinate statutes on cashier's checks;

1. Article 347 (1) of the Criminal Act and Article 347 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The order of provisional payment;

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