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(영문) 서울동부지방법원 2014.05.30 2013고정2742
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Around May 2, 2007, the Defendant stated that “A victim E (n, 53 years of age) was 20 kilograms in Kenya,” and that “A gold 20 kilograms in Kenya would be money if found. A gold ingot would be money. A gold ingot will be lent for customs clearance.”

However, even if the victim borrowed money from the victim, there was no intention or ability to repay the borrowed money without the plan to use it as the customs clearance.

As such, the Defendant, by deceiving the victim, received 1,0260,000 won from the victim to the police officer around August 2007.

Summary of Evidence

1. The defendant's partial statement in the second protocol of trial;

1. Each protocol concerning the examination of the accused by the prosecution;

1. The entry of witnesses E and F in the second protocol of the trial, and the statutory statement of witnesses G;

1. Statement of each police statement of E;

1. Application of Acts and subordinate statutes on the loan certificate;

1. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) of the Criminal Act and the selection of fines for criminal facts;

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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