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(영문) 인천지방법원 부천지원 2020.05.14 2020고정119
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On August 2018, the Defendant made a false statement that he would sell golf bonds if he deposits money to the victim D (Nam, 60 years of age) who made an advertisement that "I will make you would buy a gm-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-at."

However, even if we receive money, there was no intention or ability to sell golf bonds.

On September 19, 2018, the Defendant, by deceiving the victim, received 3,840,000 won from the national bank account (E) in the name of the Defendant from the victim and acquired it by fraud.

2. On November 28, 2018, the Defendant made a false statement that “I, if I deposit money to the victim F (F, South and 53 years old), I would sell Pxg I andweweg if I would deposit money to the victim F.”

However, even if we receive money, there was no intention or ability to sell golf bonds.

As such, the Defendant, by deceiving the victim, received 4,360,000 won from the victim to the national bank account (E) in the name of the defendant.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Written statement of D or F;

1. Transfer certificate or deposit certificate;

1. Materials advertised by the suspect;

1. Application of the Acts and subordinate statutes on content of conversation;

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the applicable criminal facts, the choice of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) 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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