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(영문) 서울중앙지방법원 2018.10.22 2018고정1741
사기
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

In April 2015, the Defendant made a false statement to the victim B, “A vehicle with 520D serious vehicles, and to purchase a good difference in the situation, the Defendant paid 10 million won in advance to the victim B.”

However, even if the defendant received money from the injured party, he did not intend or have ability to sell BMW 520D vehicles.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) obtained a total sum of KRW 9,800,000 from April 23, 2015 to May 21, 2015 from the victim to the Agricultural Cooperative Account (Account Number C) in the name of the Defendant’s name on five occasions from April 23 to May 21, 2015, and acquired it by deceiving the victim.

Summary of Evidence

1. A protocol concerning the examination of the suspect of each police officer against the accused (including the substitution of the accused);

1. Statement made by the police against B;

1. Investigation report (Details of telephone conversations made by witnesses), investigation report (Details of telephone conversations made by witnesses E);

1. On April 23, 2015, the Defendant’s account: (a) on December 2015, a statement of transactions, and the contents of text messages to the Defendant; and (b) on April 23, 2015.

5. A detailed statement of transactions and a resume of credit information of a suspect;

1. Application of the Acts and subordinate statutes on shooting kidices;

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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