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(영문) 의정부지방법원 2017.11.30 2017고정1917
사기
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who engages in the business of collecting scrap metal in the name of Namyang-si, B.C.

The victim D is engaged in collecting scrap metal with the trade name of F in Gangseo-gu Busan Metropolitan City E, and the defendant became aware of the business.

The defendant around September 10, 2015 at the F Office located in Seongbuk-gu, Sungwon-si, Sungwon-si, Seoul, the defendant is in close relation with H party vice-chairperson and two industries I.

It is well known that the person in charge of the scrap metal of the two industries is well aware, and it is expected that the scrap metal should be supplied by requesting it.

A false statement was made to "the cost of KRW 20,000 for handling the work."

However, there was no intention or ability to get the victim to supply scrap metal from the two industries, and there was no intention to use the money received from the victim as the cost of daily settlement.

Nevertheless, the defendant deceivings the victim as above and was delivered KRW 10 million to the Agricultural Cooperative Account (J) in the name of the defendant to the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or K;

1. Investigation report (to have telephone conversations which is a complainant);

1. Application of the Act and subordinate statutes on receipt of ten million won to the agricultural cooperative head;

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. 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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