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(영문) 서울남부지방법원 2016.09.01 2015고정2537
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant said, around December 6, 2014, at the victim D’s house located in Gyeyang-gu Incheon Gyeyang-gu Incheon, that “I will import 300 humds from Chinese enterprises to supply them to the police officers of January 2, 2015.”

However, the defendant did not have the intention or ability to supply the hedging as agreed upon by the victim.

On December 9, 2014, the Defendant received 1 million won from the victim via the bank account (Account Number: F) in the name of E around December 9, 2014, and acquired 10,238,000 won from the victim through 4 times from that time until January 2015, and acquired 10,238,000 won from the victim.

Summary of Evidence

1. Legal statement of witness D;

1. The application of the law to the defendant's partial statement of each police interrogation protocol (the statement to the effect that the defendant received money and opons from the victim, such as the victim's re-written statement of criminal facts)

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The main sentence of Article 186 (1) of the Criminal Procedure Act;

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