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(영문) 서울중앙지방법원 2013.12.24 2013고정5327
사기
Text

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

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

Reasons

Punishment of the crime

In fact, the defendant was engaged in the building facility business around 2006, but he embezzled about 16 million won of elementary school supporting fee which was in charge of general affairs around 2005 and used at will, and did not pay wages such as C employed by the defendant.

Nevertheless, on September 21, 2006, the Defendant called the victim E, who is an elementary school of the Defendant, by making a phone call to the Defendant’s elementary school in the Defendant’s residence located in Jongno-gu Seoul Metropolitan Government, and borrowed KRW 20 million to the Defendant, 200,000 won per month, and 3 months thereafter, he/she was transferred from the above E and received KRW 20,000,000 from the victim F in the same manner by making a phone call to the Defendant’s elementary school in the Defendant’s residence.

Accordingly, the defendant acquired 30 million won in total from the victim E and F.

Summary of Evidence

1. E's statement among the suspect interrogation protocol of the accused against the prosecution;

1. Each police statement of E and G;

1. Copy of a passbook, detailed statement of transactions, statement of transactions by account, agricultural transaction by account, national bank transaction details, and details of transactions by Gwangju Bank;

1. Application of an investigation report (to hear and report the statement of the H telephone), investigation report (related to cases of suspect A coinalu apartment wages and delayed payment), and statutes;

1. Article 347 (1) of the Criminal Act and Article 347 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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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