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(영문) 서울북부지방법원 2014.06.24 2013고정2748
사기
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

Defendant

A has no regular occupation, and C is a person in charge of security instructors.

From May 2012, the victim D requested the defendant and C to recover KRW 60,000,000 that his wife lent to E in the middle/east-dong of Incheon, Nam-gu.

Defendant and C did not have the ability and intent to collect the claims, and around June 3, 2012, around 100,000 won was delivered from the victim who believed that “I will recover the claims as early as soon as possible, because I would like to receive money and send power and retainers to collect the claims to the victim D at a 101-dong, Nam-gu, Incheon Metropolitan City F&M 1307 (G apartment) playground.”

Summary of Evidence

1. Some statements in each police interrogation protocol against the accused and C;

1. Statement made by the police with D (including the parts recorded in D in the interrogation protocol of the accused and the second interrogation protocol of the accused and C));

1. A copy of a bankbook;

1. Application of Acts and subordinate statutes on mobile phone text messages;

1. Article 347 (1) and Article 30 of the Criminal Act concerning the relevant criminal facts, the choice of punishment, and the choice of fines;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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