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(영문) 전주지방법원 2013.09.11 2013고정424
사기
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On July 22, 2012, the Defendant told the victim B, who was aware of the name of the Nam-gu Incheon Metropolitan City, to the extent that the Defendant would make an investment of KRW 10 million in the cost of operating a news room to the extent of KRW 5 million in a month.”

However, even if the defendant received the above money from the complainant, he did not have the intention or ability to properly operate the sidewalk.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) received 300,000 won from the Agricultural Cooperative passbook (Account Number D) in the name of the Defendant’s small mother on July 22, 2012, via the said passbook around July 24, 2012; (c) KRW 4 million in the same passbook around July 30, 2012; (d) KRW 900,000 in the same passbook around July 30, 2012; and (e) KRW 2.1 million in the same passbook around August 1, 2012; and (e) KRW 2 million in the same passbook around August 13, 2012, respectively.

Accordingly, the Defendant, by deceiving the victim as above, received a total of KRW 9.3 million from the victim five times.

Summary of Evidence

1. Statement of examination of the accused by the prosecution;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes governing recording records;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 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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