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(영문) 서울남부지방법원 2016.08.09 2016고정1251
사기
Text

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

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

Reasons

Punishment of the crime

On April 8, 2015, the Defendant made a false statement to the effect that “When 100,000 won is remitted, Dok X06 will send Dok-ro Dok-ro Dok-ro Dok-ro Dok-ro Dok-ro Dok-ro Dok-ro Dok-ro Dok-ro Dok-ro.”

However, the defendant sent to the victim

There was no intention or ability to send the thing to the victim, even if it was received money from the victim because the important discussion was not Donx06, and there was thought that it was used for the interest on the loan, etc. with money from the victim.

Nevertheless, on April 8, 2015, the Defendant: (a) received KRW 100,000 from a new bank passbook (Account Number: D) in the name of the Defendant in the name of the victim; and (b) received from the victim, from April 24, 2015, the sum of KRW 1,263,000 in the above manner, as shown in the separate crime inspection list, from the six victims, from around April 24, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each of the relevant Acts and subordinate statutes;

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. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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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