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(영문) 대구지방법원 김천지원 2013.12.06 2013고정557
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On August 13, 2012, at a place where it is difficult to know the place, the Defendant made a false statement to the victim B of female job offering by telephone, stating, “The president of a watch plant going in and out of the Republic of Korea extends its business, and if purchasing ten existing machinery, the profits from the machinery will be paid. If the Defendant borrowed KRW 10 million for the purchase of machinery, he/she will make a full payment once a month.”

However, in fact, the defendant did not have a plan to purchase the above machinery at all, and tried to use it as card payments, living expenses, etc. by lending money from the victim.

The Defendant, by deceiving the victim as above, was transferred KRW 10,00,000 to the Agricultural Cooperative Account under the name of the Defendant for the same day from the victim.

2. On September 4, 2012, the Defendant made a false statement to the victim B by telephone, stating, “The Defendant shall further purchase the machinery,” at a place where the location is unknown.”

However, in fact, the Defendant did not have any plan to purchase the above machinery, and was willing to pay the personal loan from the victim with money.

The Defendant, by deceiving the victim as above, was transferred KRW 10,00,000 to the Agricultural Cooperative Account under the name of the Defendant for the same day from the victim.

Summary of Evidence

1. Police suspect interrogation protocol of the accused (including B statement section);

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to each investigation report (Submission of data on details of use of the victim-on-site card, and submission of documents on transactions of agricultural cooperatives under suspect-suspects);

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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