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(영문) 수원지방법원 평택지원 2016.12.08 2016고정303
사기등
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On July 9, 2006, in D operated by Pyeongtaek-si, the complainant in Gyeonggi-si B, as a driver on July 9, 2006, there was no intention or ability to make a reimbursement even if the complainant received a monthly salary from the complainant.

On July 10, 2006, the Defendant stated to the complainant that “I will pay KRW 300,000 to the complainant with an urgent amount of 300,000 won.”

The defendant received 300,000 won in cash immediately from the complainant and acquired it by fraud.

B. On the 12th of the same month, the Defendant stated to the complainant that “The Defendant shall pay KRW 200,000 to the complainant with the need to carry a cellphone fee on the 12th of the same month.”

The defendant received 200,000 won immediately from the complainant and acquired it by fraud.

C. The Defendant B.

On the same day, while receiving an order from the complainant to deliver 300,000 won payable to the FIS located in Pyeongtaek-si E, he/she embezzled arbitrarily consumed in the G game room.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Application of the police protocol law to C

1. Article 347 (1), 356, or 355 (1) of the Criminal Act applicable to the facts constituting an offense;

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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