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(영문) 대전지방법원 2013.08.08 2012고단2988
사기
Text

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding 3,00,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

[2012 Godan2988] Around 15:00 on July 19, 2010, the Defendant made a false statement to the victim C, stating, “I have been dispatched to China while I have been also North Korea. I help North Korean defectors and marriage between North Korean women and marriage. At the expense of marriage introduction, I want to see 15 million won in Jeju Island with North Korean women.”

However, even if the defendant received the above money from the victim, he did not have the intention or ability to sexual intercourse with North Korean women.

Nevertheless, the Defendant, by deceiving the victim as such, had the victim immediately taken the 8 million won under the pretext of marriage promotion expenses from the victim, and obtained 7 million won under the same name on July 23, 2010, respectively, and acquired 15 million won in total.

[2012 fixed-term 632] On February 28, 2011, the Defendant, by telephone, introduced the victim D to the victim “I wish to introduce the North Korean women who are 40 years of age in Chinese hearts. The Defendant, 1.5 million won, first of all, was remitted to China as the expense considered to be the line in China.”

However, even if the above money is remitted from the victim, the victim did not have the intention or ability to harm the intermediary.

As such, the Defendant, by deceiving the victim, received KRW 1.5 million from the victim to the Defendant’s FF account in the name of the Defendant E, and acquired it by fraud.

Summary of Evidence

[2012 Highest 298]

1. The defendant's partial statement in the first protocol of trial;

1. The statements of witnesses C, G and H in the second trial records;

1. Each prosecutor's protocol of examination of the accused;

1. A protocol of partial police interrogation of the accused;

1. Marriage business contract and inquiry report for fact-finding [2012 fixed-term632];

1. The defendant's partial statement in the first protocol of trial;

1. Statement made by witnesses D in the second protocol of the trial;

1. Each protocol of suspect examination of the police against the defendant (including the whole part);

1. Each report on investigation;

1. Application of the Acts and subordinate statutes to the passbook transaction details, duplicate copy of fact inquiry report;

1. Relevant provisions concerning facts constituting an offense;

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