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(영문) 수원지방법원 안양지원 2018.02.07 2017고정765
사기
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Defendant

A and B around April 28, 2015, when the punishment of sexual assault case was finalized by A and B to the victim D in Ansan-si around April 28, 2015, it refers to the purport that the victim E, who is in prison, may be released from prison as soon as possible, in agreement with the victim of sexual assault. The victim did not request the other party to pay 20 million won as agreed money, and there is only nine million won of money that may be reduced at present.

Defendant A and B may, even if the other party demands KRW 20 million, see an agreement in 10 million by us.

Then, us will show an agreement of KRW 100,000,000 to 10,000,000,000.

“A false statement” was made.

However, in fact, Defendant A and B had no intention to use the money received from the victim as agreed money because they had the intention to receive the money from the victim for personal living expenses, etc.

Defendant

A and B, as seen above, by deceiving the victim, were deposited KRW 7 million in the corporate bank account (F) in the name of the defendant around April 29, 2015 from the victim, and received KRW 2 million in total from the national bank account (G) in the name of the defendant B on May 12, 2015.

Accordingly, the defendant was given property by deceiving the victim in collusion with B.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against E;

1. Statement made by the police with regard to D;

1. A criminal investigation report (to attach details of account transactions with a suspect);

1. Application of Acts and subordinate statutes to the specifications of separate accounts, written confirmation of account entry and withdrawal transactions;

1. Article 347 (1) and Article 30 of the Criminal Act applicable to the relevant criminal facts and Articles 347 (Selection of Penalty) of the Criminal Act;

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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