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(영문) 대구지방법원 김천지원 2018.07.12 2018고정174

사기

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On October 29, 2016, the Defendant made a false statement to the effect that “A victim B engaged in the business of leasing and leasing heavy equipment will make sure each month settlement by posting a telephone.”

However, in fact, the Defendant did not pay the cost of using heavy equipment at the time, and was liable for 60,000,000 won, such as the cost of leasing heavy equipment, and even if profits have accrued by leasing heavy equipment from the injured party, the Defendant was required to pay the cost of leasing heavy equipment first generated even if profits have accrued by using the heavy equipment, and there was no intention or ability to pay the cost even if the equipment was leased from the injured party because expected profits have not been much.

Nevertheless, the Defendant: (a) by deceiving the victim and deceiving the victim on October 30, 2016; (b) lent one sofacker from the old Si’s land on October 30, 2016; and (c) obtained pecuniary benefits equivalent to KRW 550,000 from that time to January 12, 2017, the Defendant acquired a total of KRW 21,750,000 in property benefits in total over 43 times, as shown in the list of crimes in the attached Table.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to detailed statements of transactions and investigation reports (additional statements by complainants);

1. Article 347(1) of the Criminal Act applicable to the relevant criminal facts and Article 347(1) of the option of punishment (in light of the Defendant’s economic circumstances, such as the statement of criminal facts, at least the Defendant had an incomplete intention to commit fraud

(3) The selection of a fine,

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;