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(영문) 수원지방법원 안산지원 2017.04.27 2016고단2223
사기
Text

Defendants shall be punished by a fine of KRW 5,000,000.

In the event that the Defendants did not pay the above fine, the Defendants did not pay the fine.

Reasons

Punishment of the crime

Defendant

A was sentenced to imprisonment with labor for a period of one year and a fine of ten million won on September 26, 2014 with respect to a violation of the Act on Origin Labeling of Agricultural and Fishery Products at the Suwon District Court, and the judgment becomes final and conclusive on November 28, 2014. On December 12, 2013, the Defendant C was sentenced to imprisonment with labor for a period of two years on April 26, 2014 with labor for a violation of the Fisheries Act from the Suwon District Court’s Sejong District Court’s Pyeongtaek District Court’s offense of violation of the Act on Origin Labeling of Agricultural and Fishery Products. On January 6, 2015, the judgment became final and conclusive on December 30, 2015 after being sentenced to imprisonment with labor for a period of two years on June 30, 2015 with labor for a violation of the Fisheries Act at the Incheon District Court’s on May 13, 2016, and was sentenced to a fine of one year and five million won on September 15, 2016.

On March 7, 2013, the Defendants conspired and made a false statement to the effect that Defendant A lent KRW 100,000,000 to the victim G as security, “I will pay the principal within one month and pay the interest KRW 200,000 to 30 million.”

However, even if the Defendants borrowed money from the victim G, they did not have the intent or ability to pay the borrowed money and the interest, and did not have the intention or ability to provide the Dog itself as security.

As above, the Defendants deceptioned the victim and provided the victim with the stolen self, which is a valuable thing, as security, and received a monetary amount of KRW 100 million from the victim.

As a result, the Defendants conspired to attract the victim to receive the property of the victim.

Summary of Evidence

1. The respective legal statements of the defendant A and B;

1. Legal statement of witness G;

1. Each legal statement of the witness H and I;

1. The protocol concerning the interrogation of suspect by some prosecutors against the Defendants

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

1. Statement made by each prosecutor with respect to H and I;

1. Details of transactions on the issuance of checks and certificates of appraisal before the issuance;

1. Previouss before ruling: A reply to inquiries, such as each criminal history;

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