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(영문) 창원지방법원 거창지원 2017.09.20 2017고정73

사기

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant stated that, around December 9, 2015, the victim C in Gyeongcheon-gun B stated, “If the victim first takes place KRW 2 million out of the installation cost of solar power facilities 10,000,000,000,000,000 to pay KRW 8,000,000 per month after the completion of the construction, the Defendant would have to pay the victim KRW 5,000,000 to the victim.”

However, in fact, the defendant was in a situation where the sales of the gun company in operation was in excess of obligations, such as the existence of obligations to repay, while there was no other income or property, so even if he received KRW 2 million from the injured party, he did not intend to use it for the cost of living, and there was no intention or ability to install solar electricity facilities by bearing KRW 8 million.

As such, the Defendant, by deceiving the victim, was given KRW 2 million to the victim under the pretext of installation of solar electric facilities in the same place.

Summary of Evidence

1. Statement of the police suspect against the defendant;

1. Each police statement protocol against C and E;

1. C Application of the Acts and subordinate statutes governing filing of complaint;

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