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(영문) 서울남부지방법원 2012.12.13 2012고정3025
사기
Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant was married with the victim C on July 2, 1997 and was divorced on or around October 30, 1999.

around May 6, 2011, the Defendant embezzled the Plaintiff without returning the certificate of claim to the Seoul Southern District Court located in Yangcheon-gu Seoul, Yangcheon-gu, Seoul. On April 10, 2003, the Defendant filed an application for the payment order to the effect that “The Defendant, on June 2, 2011, received from the victim C the amount of KRW 42,100,000,000,000,000,000,000 from D and received from the victim C due to the non-distinctial relationship with D, was not a claim to the victim, but, on September 2, 2001, the Defendant knew that the Plaintiff would have collected the Plaintiff’s claim from the perpetrator, but the Defendant, who received the certificate of claim collection from the Plaintiff, embezzled the amount of KRW 35,00,000 from the perpetrator, without returning it to the Plaintiff. In order to be returned, the obligor may not know the above order by receiving the order of KRW 35,500,00,000 from the above court.

Summary of Evidence

1. C’s legal statement;

1. A protocol of partial police interrogation of the accused;

1. Statement to C by the police;

1. A written statement prepared in C;

1. Application of the Acts and subordinate statutes to the complaint;

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

1. Articles 70 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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