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(영문) 수원지방법원 성남지원 2018.11.22 2018고정873
사기
Text

A fine of two million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

The defendant is a person who diplomatic mission from the company B, which is a corporation, to the contract position.

On July 13, 2017, the Defendant came to know of the victim C through the Company B, and introduced the victim as an extra student, and made a false statement to the effect that “In the house of the victim located in the D Apartment E apartment site, the Defendant graduated from the department of management of the F University, played a role in middle-standing enterprise, and believed that there are many experiences outside the company, and thus, it would be exempted from paying the extra expense.”

However, the defendant did not have graduated from the F University management department.

On July 18, 2017, the Defendant, by deceiving the victim and deceiving the victim, received total of KRW 370,000,000 from the victim, such as receiving KRW 296,00 from the account under the name of the stock company B, and KRW 74,00,00 from the account under the name of the Defendant on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Recording records;

1. The details of the transaction shall not be rejected without permission, unless there is any separate evidence to deem credibility, in a case where the victim’s statement supporting the facts charged is mutually consistent and consistent with the facts charged (see, e.g., Supreme Court Decision 2012Do2631, Jun. 28, 2012). In this case, the witness C, from the investigative agency to the court, made a consistent and concrete statement with the purport that “I introduced the defendant from the above company to enter into a contract with the above company to deceiving him/herself as stated in the facts charged, and paid excessive expenses,” and the witness’s statement conforms with the evidence duly adopted and inconsistent with the record of the investigation by this court, and thus, it is recognized the credibility of the statement.”

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

1. Articles 70(1) and 69(2)1 of the Criminal Act to attract a workhouse.

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