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(영문) 광주지방법원 2017.08.25 2017고정307
사기
Text

Defendant shall be punished by a fine not exceeding seven million won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be applied.

Reasons

Punishment of the crime

1. On March 17, 2013, the Defendant: “The Defendant has a way to secure another person’s vehicle and lend money to another person; and there is a way to impose interest on the money given by the Defendant.

On the face of a maximum of KRW 19 million, the interest of which is limited to KRW 10 million shall be lent to another person, and the principal and interest of the following day shall be added to KRW 20 million.

“The phrase “ was false.”

However, even if the victim provided money, the defendant did not have the intent or ability to pay the money.

As such, the Defendant, by deceiving the victim, received KRW 19 million from the victim to the Agricultural Cooperative D account under the name of the defendant in the name of female C, and acquired it by transfer.

2. On April 7, 2013, the Defendant stated that “A mobile phone sales store was operated by the victim B, and the price of the mobile phone was able to pay a huge amount of profit when the purchase price of the mobile phone last after large-scale purchase of the mobile phone, and the mobile phone purchase cost is changed.”

However, even if the defendant borrowed the purchase cost of a mobile phone from the damaged party, he did not have any intention or ability to repay the money.

As such, the Defendant, by deceiving the victim, received KRW 8,70,000 from the victim, to the Agricultural Cooperative DC account under the name of the Defendant’s infinite C on April 7, 2013, and by deceiving the victim to the same content, and by deceiving the victim on April 17, 2013, KRW 200,000,000 on April 17, 2013, KRW 850,000 on May 10, 2013, and KRW 140,000 on May 15, 20

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes to detailed statement of deposit transactions in the police statement protocol B to the police;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

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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