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(영문) 수원지방법원 2013.04.18 2012고정3587
사기
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On September 14, 2007, the Defendant told the victim B of the Magdong-dong, Young-gu, Young-gu to the effect that “The defendant will make an investment in money to newly operate the Taekwondo hall.”

However, the defendant did not have the intention or ability to accept the Taekwondo hall, and was thought to use the money to repay personal debts with money from the victim.

The Defendant, by deceiving the victim as above, received KRW 19 million from the victim to the national bank account under the name of the Defendant on the same day, and obtained 100,000 won cashier’s checks from the victim and acquired 22,00,000 won in total.

Summary of Evidence

1. Each police interrogation protocol against the accused;

1. The police statement concerning B;

1. Application of the Acts and subordinate statutes concerning the statement of complaint, passbook copy, and specification of transactions;

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

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

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

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