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(영문) 서울동부지방법원 2016.07.06 2015고정631
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

On April 201, 201, the Defendant borrowed KRW 10 million from the victim C through Police Officer D, and delivered one half of the market price of KRW 15 million to the above D as security.

The Defendant in May 201, 201, from the officetel of the above D in Gangnam-gu Seoul, the Defendant may receive only seven million won if he/she entrusts the victim with the “brubs which he/she provided as security” via the above D.

I would like to purchase 15 million won on bail in F hotel with the knowledge of the inside of the inside of the Republic of Korea.

If you return the Han, we will sell it and pay the borrowed amount of KRW 10 million.

“False speech was made to the effect that it was “.”

However, in fact, F hotel did not have a release on bail, and there was no promise to sell the waste to F hotel in the amount of 15 million won.

Defendant deceiving the victim as above and received from the injured party through the above D abundance against the duty of the victim.

Accordingly, the defendant, by deceiving the victim, lost the security right by being delivered a fair counter-influor, and acquired the corresponding pecuniary benefits.

Summary of Evidence

1. Each protocol of examination of the witness to D or C of this Court;

1. Application of Acts and subordinate statutes to a complaint (including a fact-finding certificate, a letter of confirmation, a watch-to-be photo, an appraisal report, and a letter-to-written statement);

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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;

1. Article 32 (1) 3 and (2) and Article 25 (3) 3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss Application for Compensation Orders (the scope of the liability for compensation of the defendant is unclear and it is not reasonable to issue an order for compensation in the criminal proceedings);

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