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(영문) 인천지방법원 2018.03.23 2017고정1705
사기
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On February 26, 2016, the Defendant offered a proposal to the effect that “the Defendant would pay KRW 30-4 million at the face value of the Guideama’s drinking shot at the Defendant’s request,” which came to know through “B” of smartphone-sharing c,” and that “the Defendant would pay KRW 30-4 million at the face value of the Guideama’s drinking shot.” On February 26, 2016, the Defendant entered into a siren agreement with the Defendant on the part of the victim during 39 months by calls from the victim Surfland Co., Ltd. to the victim, and then lent KRW 149,500 per month between the victim and the victim. However, when all of the user fees are paid during the said period, the Defendant agreed to transfer the ownership of the Aurma to the Defendant at the time of the termination of the rental agreement.

However, in fact, the defendant did not directly use the above massage, but it was thought that he was established at a place designated by C after receiving the premium from C. Since there was no monthly income at the time, and the defendant did not pay the monthly rent with the gold bullion, even if he was given a loan from the victim company, he did not have the intent or ability to manage the above massage normally or pay the monthly rent to the person who was the massage.

Nevertheless, on February 27, 2016, the Defendant, by deceiving the victim company, had the victim company establish one person who was above 5,830,500 won at the market price in the office of “E” located in Seogu Daegu-gu, Daegu-gu, Seoul-gu.

Accordingly, the defendant conspireds with C to obtain the victim's 1 person from the victim's company.

Summary of Evidence

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

1. Statement made by the police with regard to F;

1. The application of Acts and subordinate statutes, such as a written agreement on the deprivation of sirens and a written confirmation for the installation of a DNA;

1. Article 347 of the Criminal Act applicable to the crime, Articles 347 (1) and 30 of the Criminal Act, and the selection of fines for the crime;

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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