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(영문) 대전지방법원 2017.09.22 2017고정1092
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On March 29, 2017, the Defendant was sentenced to one year and six months of imprisonment for fraud at the Daejeon District Court, and on July 14, 2017, the Defendant said on March 2009, the Defendant said that “The Defendant would have changed the victim B with the cross-sected deposit amount of KRW 20,000,000 to the middle-gu World War Agency, Daejeon, Daejeon.”

However, in fact, the Defendant was authorized to conclude agency contracts only in the area of Chungcheongnam-do except Daejeon, and he had already transferred the authority to conclude agency contracts in the area of Chungcheongnam-do to another person around that time. Therefore, even if he received money from the injured party, he did not have the intention or ability to normally carry out agency contracts with the injured party.

The defendant deceivings the victim as above and was transferred KRW 20,000,000 as a deposit money from the victim on June 23, 2009 to the passbook in the name of the non-business bank in the name of the non-business bank.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to D;

1. Statement made by the police against B;

1. C agency contract for a stock company;

1. Previous records: Application of the statutes governing judgment and search output of each case;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Articles 70 and 69(2) of the former Criminal Act (Amended by Act No. 12575, May 14, 2014);

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

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