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(영문) 수원지방법원여주지원 2020.11.09 2020고단576
사기
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Around October 13, 2019, the Defendant made a false statement to the effect that “C” coffee store located in Saju-si B stored in Saju-si, “The goods were stored in E” at the victim D. As there is a friendly relationship with E, the Defendant would purchase and sell the materials to cover KRW 70,000,000 for the purchase cost of the materials, divide the profits therefrom, and pay KRW 10,000,000,000 which was not fully repaid.”

However, in fact, the defendant had serious financial difficulties at the time, and there was no intention or ability to divide the profits or to repay the transferred debts to the victim because he/she had planned to use the money received from the victim or the money sold from the material in E in the event that he/she has received repayment demand from other creditors.

On October 14, 2019, the Defendant: (a) by deceiving the victim; (b) received one copy of the check of KRW 20 million from KRW 20 million from KRW 30 million from KRW 30 million from KRW 70 million from KRW 14,000 from KRW 14,000; and (c) received KRW 20 million from KRW 20,000 from the G Association account under the name of the F Association (H) designated by the Defendant; and (d) from KRW 30,000 from the K Bank account under the name of the Defendant’s representative operated by the Defendant, respectively.

Summary of Evidence

1. The application of the police's written statement to the defendant's partial statement witness D, M, and F's respective legal statements, each record record, and the account transfer of CDs and personal credit information, such as a camera, and the application of each of the following Acts and subordinate statutes to the inquiry results of inquiries into personal credit information;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. Article 334(1) of the Criminal Procedure Act provides that the Defendant and his/her defense counsel asserted that he/she deceivings the victim, paid all KRW 70,000 to E and purchased materials from the victim, and the victim directly sold part of the above materials.

When the defendant receives money from the victim, he shall receive the money.

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