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(영문) 대전지방법원 논산지원 2018.06.26 2018고정60

사기

Text

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

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

Reasons

Punishment of the crime

On September 20, 2016, the Defendant purchased 1,880km for KRW 7.520,000,000 from the victim C, Cheongyang-gun, Cheongyang-gun, to the victim on September 2016, and paid KRW 4 million by the end of September and KRW 3.520,000,000 by the end of October.

“...”

However, in fact, the Defendant had no particular property in excess of his/her obligation, and even if he/she purchased her from the injured party at the end of August 2016, 2016 on the ground that he/she had not been able to pay her money with the money borrowed from another person, the Defendant had no intent or ability to pay her money even if she purchased her money from the injured party.

As such, the Defendant, by deceiving the victim, obtained the delivery of 1,880 kilograms from the victim of the damage, as it is equivalent to the market price of 7,520,00 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. The application of Acts and subordinate statutes to examine the results of interview with a reference witness, a suspicion of suspected crime, and an intent to repay a suspect and self-help;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Reduction of a fine by taking into account the grounds for the sentencing of Article 334(1) of the Criminal Procedure Act, the criminal records (no such previous cases) and equity with similar cases, etc.