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(영문) 서울북부지방법원 2014.08.11 2014고정1343
사기
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On December 28, 2012, the Defendant, by telephone, received KRW 8 million from the victim’s name bank account (C) from the victim, and continued to receive the phone call from the victim on December 31, 2012, and received KRW 7 million from the victim, on the ground that “A franchisee entered into a contract to purchase benz.” The franchise is a 201-type LG300,00. That is, it is necessary to pay a purchase price of KRW 27 million, but the transfer of KRW 8 million from the purchase price to the purchase price of KRW 27 million, the Defendant would deliver the franchise by January 3, 2013.” On December 31, 2012, the Defendant received KRW 8 million from the victim to the Defendant’s name bank (C) and received the money from the victim again to the victim on December 31, 2012, and received the money from the victim to the above account.”

Accordingly, the defendant deceivings the victim and obtained a total of KRW 15.5 million through two times and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. The defendant's letter of performance;

1. Investigation reports (D telephone conversations), investigation reports (E telephone conversations), and investigation reports ( telephone survey);

1. Application of Acts and subordinate statutes on replies to requests for financial transaction information, replies to requests for provision of financial transaction information, communications data, and statements of account transfer;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

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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