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(영문) 서울북부지방법원 2013.09.09 2013고정2097
사기
Text

Defendant shall be punished by a fine of one million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. The Defendant did not have any intent or ability to repay the money even if the Defendant borrowed the money from the victim B or C due to the lack of any special property or income.

On June 7, 2012, the Defendant made a false statement to the victim B, stating that “one million won is leased to the internal o’clock,” and the Defendant received one million won from the victim to the Agricultural Cooperative (E) account in the name of D, and acquired it by fraud.

B. On June 25, 2012, the Defendant made a false statement to the victim C, stating that “I wish to purchase steel bars. I will complete payment within a week if I wish to lend KRW 1 million to the victim.” The Defendant acquired money from the victim by deceiving KRW 1 million in cash.”

C. On July 3, 2012, the Defendant was on July 3, 2012.

In the place described in the subsection, the victim C, “I will lend cash to the victim C at the last time with the cash,” and the victim received 400,000 won in cash from the victim and acquired it by fraud.

2. The Defendant embezzled, around May 2012, at the job placement office located in the Jung-gu Seoul Metropolitan Government Jung-gu G, the Defendant used cash of KRW 300,000,000 received from the victim B to the victim B without paying it to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to B and C

1. Relevant Article 347(1) of the Criminal Act, Article 355(1) of the Criminal Act, and Article 355(1) of the Criminal Act, the choice of each fine for a crime;

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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