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(영문) 서울북부지방법원 2016.06.23 2015고정2626
사기
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The facts charged in the instant case were partially revised according to facts obtained through the examination of evidence to the extent that it does not disadvantage the Defendant’s exercise of the right of defense.

The Defendant, from September 10 to December 10, 201, up to September 10, 201, up to December 10, 2014, is the subject of a map operated with 25 occins in total and 40 occins, and the victim D is two occins, and the victim E is three occins.

Defendant 1, as a member of the above fraternity, has subscribed to four units;

The F received the guidance money of KRW 40 million from June 2013 to around March 2012 and around 2, 2013, and the F did not pay the guidance money of KRW 170,000,000 from around June 2013, and there was no intention or ability to reduce the guidance money on the date desired by the victims even if he received the guidance money from victims D and E.

Nevertheless, the defendant is operating the accounts normally for the victims around that time.

“Around June 2013, from June 10, 2013 to June 10, 2014, it received KRW 6,500,000,000,000,000,000,000 per month for two previous accounts for 13 months from the victim E, and the victim E, from June 2013 to August 10, 2014, respectively, received KRW 3,750,000,00,000 per month for the remainder of 15 months, excluding the previous accounts for two previous accounts paid to the victim E.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. A complaint;

1. Details of passbook transactions, suspect transaction statement, etc.;

1. Application of Acts and subordinate statutes to a report on investigation (report on the calculation of the amount of fraud by a suspect A);

1. Relevant Article 347 of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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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