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(영문) 대구지방법원 포항지원 2017.01.25 2016고정487
사기
Text

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

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

Reasons

Punishment of the crime

The Defendant, B, and C introduced investment-related contents to the victim D, and the Defendant took place as if the investment-related business was conducted, and C shared the role of receiving investment money and distributing it to each other, thereby having the victim D to receive the investment money.

Although the Defendant and B and C did not have an intent or ability to pay 10 times the amount of profit even if they received money from the injured party, the Defendant, around April 19, 2012, sent the injured party to 30 million won around the large area located in Daegu Northern-gu, Daegu, and then sent the amount of KRW 5 million at KRW 30 million on the face of 10,000,000 and KRW 25,000 on the face of 10.

‘Falsely speaking, 3 million won was delivered to the post office account in the name of C from the injured party, and C sent 1 million won to the accused and 2 million won to B, respectively.

Accordingly, the defendant was given property by deceiving the victim in collusion with B and C.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of a part of the prosecution against the defendant and B;

1. Statement made by the police against D;

1. C’s statement;

1. Details of passbook transactions;

1. Application of Acts and subordinate statutes to report on investigation (former D's hearing of statements);

1. Article 347 (1) and Article 30 of the Criminal Act applicable to the relevant criminal facts and Articles 347 (Selection of Penalty) of the Criminal 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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