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(영문) 의정부지방법원 2016.09.29 2016고정256
사기
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On August 29, 2015, the Defendant: (a) around 06:25, the Victim D in Yangju-si, operated by the Victim D in Yangju-si, entered into the Vice Minister of “E”, and (b) around 07:33, the borrower of G (pppppppppppppppppppppppppppppppppppppppppppp, containing KRW 10,000,000 in total, and the remainder of KRW 8,000 in total, were known.

At around 08:58 on the same day, the Defendant added 10,000 won to the victim Ha, who was located in the above office, during the exchange period of the above franchis, but did not reach KRW 2,000 in franchis (500 franchis), and did not reach the remainder of KRW 8,000.

In a false statement, H acquired 8,000 won in total, including 1 and 3 copies of 5,000 won in paper-ro 5,000 won from H.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and H;

1. The CCTV CD reproduction result (the defendant and his defense counsel stated that the defendant's complaint against the three occasions was not operated by the JA and that the 8,000 won was not obtained by deception since the defendant expressed the complaint against the three occasions. Thus, the defendant and his defense counsel did not acquire it by deception.

In other words, H did not receive 8,000 won due to an error in the operation of the call exchange system between the police and the court of law until the following circumstances acknowledged by the evidence of the judgment.

The assertion that it was returned, and it did not receive any claim, such as the failure of operation, such as the exhaust cleaning machine, etc.

A consistent statement, the Defendant appears to have been aware of the fact that the borrower of each string vehicle was unable to receive KRW 8,000 due to the error in the operation of the string vehicle (the Defendant also deemed that the borrower of each string vehicle was a drinking agent). Since then, the Defendant divided the conversation before the string vehicle and H returned KRW 8,000 to the Defendant, and immediately thereafter, the Defendant returned the amount of KRW 8,00 to the Defendant. At the time of the string vehicle, there were special problems due to the error in the operation of the string vehicle at the time of the string vehicle.

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