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(영문) 창원지방법원밀양지원 2020.09.22 2019고정168
사기
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On October 2017, the Defendant made a false statement to the victim B, stating, “I will pay back if I lend money to YYA and I will lend money to the victim B.”

However, in fact, the defendant did not think that he would use the money borrowed from the victim to pay other debts, but did not think that he would use it as the funds of the two-wave farming company.

Nevertheless, the Defendant, by deceiving the victim as above, received from the victim, the sum of KRW 5 million around October 25, 2017, KRW 3 million around October 28, 2017, and KRW 10 million around November 17, 2017, including KRW 2 million, from the post office account (C) in the name of the Defendant, and acquired it by deceiving the victim as above.

Summary of Evidence

Witness

B Legal Statements

1. The police statement concerning B;

1. Results of inquiry into the details of liquidity transactions, certificates of registration, certificates of establishing a mortgage, certificates of payment of acquisition tax, certificates of all registered matters, certificates of payment of all registered matters, records of financial transactions, records of investigation into the details of transactions, records of transactions, Internet guidance, ballast road map data, and statistical reports on sale by area;

1. Application of Acts and subordinate statutes on a petition;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. Articles 70 (1) 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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