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(영문) 전주지방법원 2019.08.13 2019고정118
사기
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

Defendant

A and the complainant B are those who work together at the golf gathering around 2016.

On August 22, 2017, the Defendant called to the complainant at an infinite place and called "the golf channel from which an artist works in D" is required to produce a deposit of KRW 100 million, and there is insufficient amount of KRW 20 million among them. If the Defendant borrowed KRW 20 million for up to 10 days, he/she would immediately receive reimbursement on September 4, 2017."

However, even if the deposit is returned from D, there was no intention or ability to pay 20 million won borrowed from the complainant.

On August 22, 2017, the Defendant, by deceiving the complainant, received from the complainant the amount of KRW 20 million from the “F bank account (G)” that the Defendant is the representative of the complainant, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. A complaint;

1. Statement (B);

1. Application of Acts and subordinate statutes to a report on investigation;

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 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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