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(영문) 수원지방법원 2013.10.17 2013고정2101
사기
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

On November 11, 2009, the Defendant made a false statement to the effect that, in front of the agricultural cooperatives located in the Black Yadong, Gwangju Metropolitan City, the victim B “I will have a branch of the mine with the head of the Gu. The payment of KRW 20,00,000 shall be made to the head of the Si/Gun/Gu, who will be changed to the assignment of the street cleaners as the police assigned to the Mine Office of the Si/Gu.”

However, even if the defendant was paid money from the victim, he did not have the intent or ability to change the assigned position of the victim, even if he was paid money from the victim, he did not have any intention or ability to change the assigned position of the victim.

As such, the Defendant, by deceiving the victim, received 20,000,000 won from the victim immediately in the same place, and acquired it by deception.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Investigative reports (Attachment of a response to investigation cooperation by the Mine Office), replies to requests for cooperation in investigation, and replies following requests for cooperation in investigation data;

1. Certificates of performance, details of transactions in passbook B (the name of Nonghyup), receipts;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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