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(영문) 인천지방법원 2018.07.13 2018고정541
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

The defendant has disturbed with the victim C.

On June 15, 2017, at a place where a place is unknown, the Defendant: (a) embezzled the amount of KRW 45 million to a reconstruction association in Korea; (b) provided the victim with a Do’s responsibilities by embezzlement of KRW 45 million; and (c) provided the Do with a Do’s money to be repaid; and (d) several persons, who have been on the day to day, have been deprived of the association.

Until today, it is very important to pay off the cash of the political party.

A false statement was made to the effect that 17 million won is to be repaid to Dolh as soon as possible.

However, in fact, the Defendant was demanding the victim to pay the amount for the purpose of paying the amount of a large amount of loan to the previous victims, so even if having received the money from the victim, there was no intention to deposit the money with the said reconstruction association, and there was no intention or ability to pay the money from the beginning because there was only a plan to use the money to repay its own debt.

The Defendant, as such, by deceiving the victim, was transferred to the new bank account (Account Number E) in the name of the Defendant on the same day from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Details of accusation and transactions;

1. In an investigation report (a witness C telephone conversation) [the defendant and his/her defense counsel] [the defendant and his/her defense counsel did not directly refer to the situation of a loan owed to a female-friendly victim in an imminent situation where it is urgent to repay the loan, and it was impossible to speak in his/her respect and thus, he/she only borrowed money from the doping face, and there was no intention to deceive the victim by deceiving him/her as he/she was willing

The argument is asserted.

However, according to the above evidence, the defendant paid the victim the amount of money he embezzled by C, and the union is in imminent situation.

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