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(영문) 수원지방법원 안산지원 2016.09.01 2016고단1726
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 October 06, 2015, the Defendant made a false statement to the victim C, which he/she became aware of through Ma-gu B, 12:30 on October 12, 2015, stating, “If he/she carries out various kinds of work at Sinc, and makes an investment in money, he/she may raise 20% of the amount invested.” The Defendant made a false statement to the victim C, stating that “I will pay interest at 20% per ten days.”

However, in fact, the husband of the defendant did not have an investment source to make 20% of the investment money available in the house due to the fact that the husband of the defendant was unemployed at the time, and there was no intent or ability to pay interest equivalent to 20% of the principal and principal by making an investment even if the defendant receives money from the victim, such as using the money received from the victim as living expenses due to the lack of living expenses.

On October 14, 2015, the Defendant: (a) by deceiving the victim as such; (b) deposited KRW 8 million from the victim as investment money; (c) deposited KRW 2 million from the 10th day of the same month; and (d) received KRW 2 million from the 14th day of the same month to receive KRW 12,00,000,000 from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on lists of Transactions by Account;

1. Relevant Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act regarding criminal facts, the choice of a fine (including the fact that the defendant acknowledges and reflects his/her mistake, and that the victim does not want the punishment by making an agreement late);

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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