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(영문) 서울중앙지방법원 2016.11.30 2016고정3400
사기
Text

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

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

Reasons

Punishment of the crime

On February 2, 2013, the Defendant issued a false statement to the effect that the Defendant would purchase 60,000 won per share after three months after the investment, if the Defendant made an investment of KRW 30,000 per share in the shares of the Company, which is 41%, and is 50,000 per share in the shares of the Company, to the effect that the Defendant would purchase 60,000 won per share in the shares of the Company.”

On February 28, 2013, the Defendant continued to call the victim’s phone at an unspecified place and received a transfer of KRW 10 million from the victim to the agricultural bank head in the name of the Defendant’s his/her father’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son.

Accordingly, the defendant, by deceiving the victim, acquired money of KRW 20 million in sum.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. A complaint;

1. Application of Acts and subordinate statutes to transfer passbooks;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Although the crime was committed during the period of a repeated crime for the same type of reason for sentencing under Article 334(1) of the Criminal Procedure Act, the victim agreed to do so, the amount of KRW 10 million out of the amount acquired through deception was repaid, and the remaining amount of damage.

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