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(영문) 서울동부지방법원 2015.06.12 2015고정253
사기
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

Part of the facts charged shall be revised and supplemented without going through amendments to indictment to the extent that it seems that there is no concern about substantial disadvantage to the defendant's defense right.

The Defendant, around February 10, 2013, at a point where it is difficult to know the trade name near the Seocho-gu Seoul Metropolitan Government Seocho-gu Seocho-gu shift shift, the victim C is a newspaper who is a general executive director of the D Association, and is working on the side of the Government while joining the Cheongdae-gu. There may be well-known institutions having the astronomical currency in a astronomical amount, and an investment may be left with a significant benefit. There may be a bond business operator E who is within the Republic of Korea, and the amount of KRW 50,000,000,000,000,000 won may be loaned to him. If the money is the money, the purchase of KRW 6,00,000,000,000 won may be made, and if the old currency is lent KRW 50,000,000,000,000 won, the old currency would be returned to the old currency as KRW 50,000.”

However, even if the victim receives KRW 50 million from the victim, there was no intention or ability to pay KRW 500 million including the above profits.

The Defendant received 30 million won from the victim C, and the Defendant received 20 million won from the victim F to the victim C a false statement from the victim C, on March 5, 2013, from the H hotel in the vicinity of Seocho-gu Seoul Metropolitan Government, as each investment money.

Accordingly, the defendant was provided property by deceiving the victims.

Summary of Evidence

1. The defendant's legal statement (the third trial date);

1. Statement of the police with respect to C and F;

1. Reporting on the results of an investigation - Application of the General Act;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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

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;

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