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(영문) 서울북부지방법원 2017.09.12 2017고정796
사기
Text

Defendant shall be punished by a fine of 2.5 million won.

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

Reasons

Punishment of the crime

In August 2016, the defendant will contribute to the victim D's "SBS broadcasting station" in the "SBS broadcasting station" at the defendant's house located in 104 Dong 713, Jung-gu, Seoul.

The phrase “a request for 2.5 million won is made in return for the street.”

However, even if the defendant receives money from the injured party, the defendant did not have the intent or ability to contribute the victim to the "SBS Broadcasting Station" in the world.

The Defendant deceptioned as above and received KRW 500,000 from the injured party on August 19, 2016, the amount of KRW 500,000,000 from the Saemaul Treasury’s account under the name of the Defendant (E), KRW 100,000 to the same account around August 23, 2016, KRW 100,000 to the same account around August 26, 2016, KRW 50,000 to the same account on September 9, 2016, and KRW 200,000 to the same account on September 30, 2016, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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