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(영문) 서울북부지방법원 2016.06.09 2016고정884
사기
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On June 10, 2005, the criminal defendant against the victim B was transferred KRW 10 million from the victim's bank account in the name of the defendant to the bank account in the name of the defendant, and he received KRW 10 million in total by the same method as around December 30, 2005, and received KRW 10 million in the same manner as around April 26, 2006, and acquired KRW 30 million in total by receiving KRW 10 million in the same manner as the defendant's husband, as the defendant's husband, D is the defendant's husband, because he did not have any specific income.

2. On April 4, 2005, the fraud defendant against the victim E means that the defendant's house located in the Seoul Special Metropolitan City, Nowon-gu's apartment 103 Dong 811 is the husband of the defendant, but there is no particular income due to the defendant's failure to perform his work. However, the victim E is the husband of the defendant, so he would be able to repay the borrowed money easily, and he would be able to repay the borrowed money with the victim's husband, and he received five million won from the damaged person to the bank account in the name of the defendant, and acquired 25 million won in total, such as receiving 20 million won from the victim to the bank account in the name of the defendant, around December 30, 2005.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of each police statement protocol in E and B;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning facts constituting a crime. Article 347 (Selection of Fines);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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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