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(영문) 대전지방법원 서산지원 2013.04.11 2012고정350
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

[Criminal Power] On September 8, 201, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Seogsan Branch of the Daejeon District Court on September 8, 201, and the said judgment became final and conclusive on December 19, 2011.

【Criminal Facts】

Around April 22, 2010, the Defendant made a false statement to the victim that he/she did not intend to work as a seafarer of E even if he/she received a prepaid payment from the victim D, and that he/she would have received KRW 1.6 million from E to the national bank account in the name of the Defendant, and received KRW 8.4 million from the victim to the national bank account in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a copy of a bankbook and a copy of a note;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Selection of a selective fine (including circumstances, etc. that could have been tried together with a final and conclusive judgment);

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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