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(영문) 서울남부지방법원 2016.03.30 2016고단384
사기
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On November 18, 2015, the Defendant was sentenced to three months of imprisonment and one year of suspended execution for violating the Illegal Check Control Act at Seoul Southern District Court on November 18, 2015, and the judgment became final and conclusive on November 26, 2015.

The Defendant had exceeded KRW 200 million as of February 2, 2015, and the household check amount to be settled until March 2015 reaches KRW 35 million, and the household check amount to be settled until May 2015 reaches KRW 120 million, and even if the Defendant received money from the U due to the shortage of money to be deposited at the V headquarters, he/she did not have any intent or ability to purchase a large amount of money at the V headquarters and deliver it to the victim at a low price.

Nevertheless, around February 25, 2015, the Defendant issued KRW 10,50,000 to the victim of the X office located in Gangseo-gu Seoul Metropolitan Government, for a false statement to the effect that “The Defendant would send the head if he pays the amount because he could reduce the rate of dust and reduce the low price” to the victim.

Accordingly, the defendant deceivings the victim, thereby deceiving 10.5 million won from the victim.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the police against U;

1. Previous convictions in judgment: The application of Acts and subordinate statutes concerning investigation reports (Attachment of final judgment, etc.);

1. Relevant legal provisions of the Criminal Act and Article 347(1) of the Criminal Act regarding criminal facts, the choice of fines (the amount of damage, circumstances leading to the crime, the fact that the defendant has no criminal record of the same kind, etc.);

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Articles 25(1), 31(1), 31(2), and 31(3) or more of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Compensation Orders;

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