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(영문) 광주지방법원 2017.05.10 2017고정491 (1)
사기
Text

The sentence against the accused shall be determined by a fine of one million won.

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

Reasons

Punishment of the crime

On December 1, 2015, the Defendant reported a letter posted by the victim B to the effect that “I wish to obtain a loan” on the Internet NAV car page, and tried to obtain money as a loan fee, while doing so with the said victim as if I would give the loan.

The Defendant may grant a loan to the victim “40 million won” through the same day Kakao Stockholm message, etc.

However, in order to obtain a loan, prior fee is required.

“Along with the payment of the fee,” it was done as if it could be possible to lend the fee.

However, in fact, the defendant was merely intended to receive money from the injured party as a fee and to use it for the repayment of personal debt, etc., and even if he was paid the fee from the injured party, he did not have the intention or ability to make the loan

Ultimately, the Defendant, by deceiving the victim as above, received 180,000 won from the victim to the national bank account (C) in the name of the Defendant on the same day from the victim, and acquired it through deception, and received 5,766,00 won in total from 26 times through the same method as the written in the list of crimes in the attached Table from the 24th of the same month to the 26th of the same month, and acquired it by transfer as the fee.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning the examination of suspect of the accused;

1. Statement made by the police against B;

1. Financial transactions with the principal;

1. Application of the Kakao Stockholm dialogue legislation

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act, the choice of a fine for a crime, and the selection of a fine;

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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