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(영문) 수원지방법원 2017.07.06 2016고정1394
사기
Text

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

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

Reasons

Punishment of the crime

The Defendant, as a non-official, was aware of the Defendant’s life in Australia, from Australia. On May 2012, the Defendant loaned money to the victim C in Korea from Australia to Kakakao Stockholm to the victim C, who borrowed money from the amount of the loan and the amount of money on a local level at the time of returning to Korea.

“......” and false.

However, the defendant did not have any intention or ability to pay money even if he borrowed money from the damaged person.

As above, the Defendant: (a) by deceiving the victim; and (b) transferred the total amount of KRW 5,357,973 on six occasions from May 7, 2012 to July 5, 2012, as shown in the list of offenses, to the injured party.

Summary of Evidence

1. Partial statement of the defendant;

1. Recording of C’s statement in the third public trial protocol;

1. Statement made by the police against C;

1. Investigation report (the result of the execution of a search and seizure warrant and the currency of account nominal D) , investigation report (the reply of JT Capital and the currency of the suspect), investigation report (the result of the suspect's response to credit information), investigation report (the review of remittance details), personal immigration status (A), and mobile analysis report;

1. Application of the Acts and subordinate statutes governing the statement of complaint, the details of account transfer (C), the contents of the Kakao Stockholm conversation to the victim’s cell phone, the Kakao Stockholm content with the suspect stored on the victim’s cell phone (5 Chapters 55), and the Kaka Stockholm content with the defendant restored from the victim C’s Kaka 4;

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the selection of fines for the crime;

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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