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(영문) 대구지방법원 포항지원 2013.08.20 2013고단516
사기
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

At around 12:00 on October 26, 2012, the Defendant made a false statement to the victim “DDaa” operated by the victim C in Donnam-gun B, stating that “The Defendant shall send a strict amount of money, and make a full payment on the hand-on fee due to the unpaid amount of hand-on fee, and the prepaid payment is in a state of suspension.”

However, even if receiving advance payment from the victim, the victim did not intend to work in the multilateral bank operated by the victim.

The Defendant received KRW 478,840 from the victim to pay the mobile phone charges of KRW 478,840, and received KRW 2,478,840 from the victim to the account.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on the withdrawal of passbook;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

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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