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(영문) 서울북부지방법원 2015.11.19 2015고정2022
사기
Text

A fine of two million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On August 5, 2012, the Defendant stated on August 5, 2012, the victim C’s house located in Jungdong-gu Seoul, Seoul, that “In order to send 6 million won to the victim a store and operate the store.” The Defendant sent 6 million won to the account in the name of D.

However, in fact, the Defendant was unaware of a person operating a store in the Yecheon-dong Horse Horse race tracks. At the time, the Defendant was a representative of a multi-level business entity at the time and was demanded by investors to return the investment money, so there was an intention to use the money borrowed from the victim to return the investment money to investors. Even if the Defendant received money from the victim, the Defendant did not have the intention or ability to force the victim

As above, the Defendant, by deceiving the victim, received 6 million won from the victim to the Agricultural Cooperative Account in the name of D, namely, from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of police statement protocol to C

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

1. Articles 70 (1) 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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