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(영문) 수원지방법원 여주지원 2013.10.29 2012고단625
사기
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A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The Defendant is a bad credit holder, and the monthly income as a restaurant employee is about 100 to 12 million won. Thus, even if the Defendant joined a fraternity operated by another person, he did not have any intention or ability to continue to pay a deposit amount of about 2 million won per month.

1. On September 15, 2008, the Defendant: (a) from D Co., Ltd. located in Echeon-si, Gyeonggi-si, 2008, entered two districts among 13 d Co., Ltd., and continued to receive fraternity money; (b) falsely changed the number by which the Defendant would rapidly withdraw; and (c) obtained the order of 1 and 4 from the victim; and (d) around September 15, 2008, the Defendant received KRW 3,072,00 from E Co., Ltd and received KRW 3,984,000,000 for the same purpose as 4 fraternitys at the same place on December 15, 2008, respectively.

2. On November 15, 2008, the Defendant: (a) on November 15, 2008, from D Co., Ltd. located in Echeon-si, Gyeonggi-si, the victim E subscribed to 1/2 of the 30 foot No. 13 of the 13 foot No. 13, and continued to pay the monthly deposit amount; and (b) on November 15, 2008, upon promptly changing the number of withdrawal from the victim, the Defendant was paid KRW 1,848,000 to the Defendant’s bank account under the name of 1/2 gold.

3. On September 30, 2008, the Defendant: (a) on September 30, 2008, from D Co., Ltd. located in Echeon-si, Gyeonggi-si, the Defendant subscribed to one of 13 parts of D Co., Ltd. 5 million won, and continued to receive D Co., Ltd.; and (b) on November 25, 2008, the Defendant changed the number of monthly withdrawal from the victim as soon as possible; and (c) on November 25, 2008, the Defendant was issued KRW 4,623,600 for the said D Co., Ltd as three gold.

Summary of Evidence

1. Each legal statement of witness E and F;

1. A protocol of examination of part of the defendant by prosecution;

1. Each police statement of E;

1. Application of Acts and subordinate statutes on copies of bankbooks;

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

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