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(영문) 서울중앙지방법원 2016.07.20 2015고단7613
사기
Text

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

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

Reasons

Punishment of the crime

Around May 4, 2015, the Defendant concluded that “A company is in operation of E, and a golf studs contract with another company is entered into with the victim,” and that “A company shall be repaid immediately if a balance certificate is necessary and only a loan is made.”

However, in fact, the Defendant did not have any specific property and did not have any economic condition such as 25 million won in the bank account, and was thought to use the transferred money from the injured party as personal debt or employee's expense and local exit equipment. Therefore, the Defendant did not have any intent or ability to use the money for the purpose explained by the injured party and to repay it.

The Defendant deceivings the victim as such, and was transferred 3.5 million won to the national bank account under the name of the Defendant from the victim.

In addition, from around that time to June 26, 2015, the Defendant deceivings the victim, such as the list of crimes in the attached Table, and then received a total of 1,1720,000 won from the damaged person on six occasions and acquired it by remittance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a loan certificate, remittance record, CD withdrawal record;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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

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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