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(영문) 인천지방법원 2017.05.19 2017고정733
사기
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant is between the victim C, D and each other.

1. On January 14, 2015, the criminal defendant against the victim C told the victim C to the effect that “I would pay 700,000 won if I would lend money to his/her friendly friendly friendly friendly friendly friendly friendly friendly son with the Kakao Stockholm.”

However, the defendant had no intention or ability to pay the F, even if he continued to decrease the F's sales at the time, and even if he borrowed money from the damaged party due to other debts.

Nevertheless, the defendant deceiving the victim as above and transferred KRW 700,000 to the Saemaul Treasury Account (G) in the name of the defendant on the same day from the victim, and the same year.

5. 27.5 million won, and the same year.

7.1.1.1. 1 million won in total was remitted and acquired through money.

2. On July 8, 2015, the Defendant against the victim D told the victim D to pay the amount of KRW 11 million using the Kakakao Stockholm at a non-place on which July 8, 2015, the Defendant used the Kakao Stockholm to the effect that “if the amount to be paid at this time is not the funeral in this month, the Defendant would have repaid the amount until August 2015.”

However, even if the defendant borrows money from the injured party, the defendant did not have the intention or ability to pay the money to the injured party due to continuous business difficulties and liabilities.

Nevertheless, the defendant deceivings the victim as above, and 2 million won was remitted from the victim to the above account in the name of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made with respect to C and D;

1. An inquiry about the details of passbook transactions -C and the details of passbook transactions -D;

1. Application of the Kakao Stockholm statute

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the choice of fines for the crime;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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