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(영문) 의정부지방법원 2017.01.24 2016고정2044
사기
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On June 2, 2014, the Defendant made a false statement to the victim C in the victim C’s residence located in Pakistan, stating that “When investing KRW 18.5 million in the currency purchase fund, the Defendant would purchase the currency at a container, and then would give 50% out of the proceeds from selling.”

However, even if the Defendant borrowed the cash from the injured party, the Defendant did not have the intent or ability to use the full amount of the cash to purchase the currency, and even if purchasing the currency, the Defendant did not have the intent or ability to distribute the proceeds to the injured party.

Nevertheless, the defendant received money of KRW 18,50,000 from the injured party to the Agricultural Cooperative (E) account in the name of the defendant's father, and acquired it by transfer from the injured party on the same day.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on account transactions;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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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