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(영문) 서울중앙지방법원 2014.07.23 2014고단2837
사기
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] The Defendant is a person who was sentenced to imprisonment with prison labor for six months at the Seoul Eastern District Court on January 27, 2014 and was finally sentenced to a suspended sentence on February 4, 2014.

【Criminal Facts】

The defendant is a person who has operated (main)D in the third floor of Gangnam-gu Seoul Metropolitan Government C building.

On May 27, 2009, the Defendant made a false statement to the victim E in the public service center of the Daejeon Prison (U.S.), stating that “The Defendant would install a self-reader in the Korean Senior Citizens Association and Ethcheon-si, etc., and would pay profits each month by KRW 300,000 per month while the Defendant entrusted the operation of the pre-management of the pre-management of the pre-management of the pre-sale rice.”

However, in fact, the Defendant was unable to obtain normal benefits because of the failure to operate the rice singging machine business, and was not installed in the Korean Senior Citizens Association and Echeon-si, etc., so even if the Defendant received money from the victim, there was no intention or ability to reduce the profits of KRW 300,000 per month even if he received money from the victim.

On May 29, 2009, the Defendant, by deceiving the victim, remitted the amount of KRW 49.5 million from the victim to five for the 5th price for the Domination of rice. On July 27, 2009, the Defendant was transferred KRW 18.5 million for the 2nd price for the Domination of rice.

Accordingly, the defendant deceivings the victim and defrauds the 68 million won through two times.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Details of transactions in our banks;

1. Previous convictions in judgment: Application of the Acts and subordinate statutes reporting the previous disposition and results of confirmation;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The reason for sentencing under Article 70 of the former Criminal Act (amended by Act No. 12575, May 14, 2014) and Article 69(2) of the Criminal Act appears to have been recovered from the Defendant.

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