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(영문) 서울중앙지방법원 2016.04.25 2016고정536
사기
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On July 25, 2013, the Defendant was sentenced to imprisonment with prison labor for a crime of fraud at the Seoul Central District Court on July 25, 2013, and the judgment became final and conclusive on November 28, 201.

On July 10, 2012, the Defendant called the victim C by phone calls from Dobong-gu, Seoul Special Metropolitan City on July 10, 2012, saying, “I will pay back the amount of money borrowed from the wrong flag imported in one month, and KRW 500,000,000,000,000,000,000 won.”

However, the facts did not have any intention or ability to pay the borrowed money in one month, and there was no intention or ability to pay the borrowed money.

On July 11, 2012, the Defendant, by deceiving the victim as such, received the remittance of KRW 10 million from the damaged party to the Suhyup Account of Defendant Name on July 11, 2012.

Summary of Evidence

1. Statement by the defendant in court;

1. A complaint (C);

1. Statement made by the police against C;

1. A detailed statement of transactions of entry and withdrawal;

1. Previous convictions: Inquiries about criminal history, the application of the relevant list of cases and the statutes attached to the judgment;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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