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(영문) 창원지방법원 2014.01.22 2013고단1945
사기등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

[2013Kadan3110] The Defendant was transferred KRW 10 million to the Korean Investment Securities account in the name of the Defendant under the name of the victim C as a share investment deposit in the closed city around April 16, 2009.

While the Defendant was in custody of the above money that was requested to invest in stocks for the victim, he withdrawn KRW 2.2 million on April 16, 2009, and paid KRW 2 million in cash from the original city of Changwon-si (hereinafter referred to as Changwon-si) to Dong Jae-si for the use of 200,000 won as entertainment expenses, etc., he voluntarily consumed KRW 50,000 from the original city of Changwon-si for the use of entertainment expenses. On April 17, 2009, the Defendant collected KRW 500,000 from the original city of Changwon-si for the use of living expenses, etc., and embezzled KRW 3.2 million in total on the following day by again depositing it into the above account on April 15, 2009.

Summary of Evidence

1. Defendant's legal statement;

1. C’s legal statement;

1. A copy of a bankbook or a loan certificate;

1. Application of Acts and subordinate statutes concerning details of stock accounts;

1. Relevant provisions of the Criminal Act and Article 355 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. Of the gist of the facts of the construction, the summary of the facts charged in the instant case’s fraud No. 2013 senior group 1945 is the Defendant, from around 1989 to the end of February 201, the Defendant served as E at the Office of Education in the Gyeongnam-do Office of Education from the end of February 1989, and the victim F was the same as the victim F.

On July 10, 2006, the Defendant: (a) deemed to have a share investment program drawn up in his pocket book at the Gyeongnam-do Office of Education’s information room located in Changwon-dong, Changwon-si, 6-1; and (b) made a false statement to the effect that “I would make money in stock, make a good appearance of stock, make money once with stock, and do so; and (c) I would like to ask the victim to “I would like to create the drinking value with a share investment”.

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