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(영문) 의정부지방법원 2012.10.29 2012고정538
사기
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On June 9, 2008, the Defendant conspired with B, in collusion with the victim D’s “Ecafeteria” in the Seodaemun-gu Seoul Metropolitan Government Operation D’s operation, the Defendant received honorariums KRW 100 million on behalf of the victim KRW 200,000 on the face of the State, in lieu of the victim’s claim 200,000 won on the face of the State. First, the Defendant changed the retainers to KRW

However, the defendant and B did not have the intent or ability to recover the victim's claim against F even if they received the retainer from the victim.

Nevertheless, at around 13:44 on June 10, 2008, the Defendant and B acquired from the victim the sum of KRW 20 million on five occasions, including KRW 5 million on June 13, 2008, KRW 200,000 under the same name, around 13:52 on June 13, 2008, KRW 5 million on June 19, 2008, KRW 500,000 under the same name, around 10:58 on June 26, 2008, KRW 5 million on the same name, and KRW 5 million on July 16:13, 2008.

2. On October 31, 2008, the Defendant, at an influent multilateral bank located in the Southern Eastdong, Seodaemun-gu Seoul, Seoul, 2008, made a false statement to the victim by the above means, and the Defendant, in this context, received 6 million won from the victim to an enterprise bank account in the name of the Defendant, and acquired it by fraud.

Summary of Evidence

1. Protocol concerning the examination of suspect B by the prosecution;

1. A protocol concerning the examination of the suspect against the accused (including each substitute part of the suspect);

1. Statement of D;

1. Application of Acts and subordinate statutes on deposit;

1. Article 347 (1) and Article 30 of the Criminal Act, Article 347 (1) of the Criminal Act, and Article 347 (1) of the Criminal Act, which applies mutatis mutandis to the relevant criminal facts (to select a fine, by

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

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