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(영문) 대구지방법원 포항지원 2018.06.27 2018고정101
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On November 14, 2016, the Defendant will be the victim's "employee of the multilateral bank" from the D multilateral bank operated by the victim C in the North-gu, North-si, North-si, North-si, North-si.

The phrase “I will begin the work immediately,” and demanded 3 million won as a advance payment.

However, the fact was that the Defendant had the intention to sleep immediately after the receipt of money, and that the said false statement was made in order to seek money in excess of his/her obligation, and thus, there was no intention or ability to return or pay the principal to the victim.

The Defendant received 3 million won from the injured party under the pretext of a pre-payment around that time.

Accordingly, the defendant was given property from the victim by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on the authentic copy of a process deed and details of transactions by account;

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;

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