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(영문) 광주지방법원 2017.06.28 2017고정268

사기

Text

A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one hundred thousand won shall be applied.

Reasons

Punishment of the crime

On December 23, 2015, the Defendant was sentenced to six months of imprisonment for fraud, etc. at the Gwangju District Court, and the appeal was dismissed on January 25, 2017, and the said judgment became final and conclusive on February 2, 2017.

The Defendant, at around 15:00 on September 5, 2013, in D D, located in Gwangju-dong-gu, Gwangju-gu, he would sell the building to the victim E and sell the building again, and pay interest to the victim E until October 31, 2013, because it is necessary to purchase the building, and thus, it is necessary to purchase the building.

“A false statement” was made.

However, even if the defendant borrowed money from the injured party, he did not have the intention or ability to repay it.

The defendant deceivings the victim as above, and he acquired 6 million won in cash from the victim, i.e., the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes on the receipt of police investigation report (the police investigation report with reference witness F) to E;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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;