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(영문) 서울동부지방법원 2013.09.26 2013고정2041
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person engaged in labor. The Defendant’s personal debt was equivalent to KRW 10,000 without any special property, and was economically difficult to control the game room when operating the game room. Therefore, even if the Defendant borrowed money from the victim, the Defendant did not have the intent or ability to repay the money.

1. On November 2, 2008, a false statement is made to the victim B by telephone, stating that “I will make arrangements for a singran bar operated in C and open a singran bar on the D side with money short of doing so, I will have to make payment to the other hand and enter as if you lend money.” It is transferred from the victim one million won to the Korean bank account (F) in the name of E, a ship-going E;

2. On November 7, 2008, by deceiving the victim by the aforementioned means at the land in French, and then deceiving it from the victim to the new bank account in the name G (H).

3. On November 13, 2008, the Defendant’s vehicle parked on the front side of the Samsung Fire Building located adjacent to the Samsung Fire department store in the Gyeonggi-ri-si EL branch store was delivered KRW 4.5 million to the victim under the above conditions.

As such, the Defendant, by deceiving the victim, received a total of KRW 7 million from the victim three times in total.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E, I, J, B, and G;

1. Application of Acts and subordinate statutes to the details of account transactions, copies of the passbook of the complainant, copies of the copy of the copy of the resident registration of K, the account number copy used by the suspect, copies of receipts for termination of insurance by the complainant, each account transaction statement, and copies of each application form;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

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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