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(영문) 전주지방법원 2019.02.20 2018고단2549

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

[Criminal Power] On October 5, 2018, the Defendant was sentenced to ten months of imprisonment for a crime of fraud at the Jeonju District Court on October 5, 2018, and the judgment became final and conclusive on the 13th of the same month and is still serving in the previous prison

【Criminal Facts】

On or before July 31, 2017, the Defendant stated that the victim C’s “D pension” in the “Down-gun, U.S. Operation” means that “the outer wall works, roof pentine works, and distribution and distribution works, etc. of the pentine shall be at lower prices than other companies, and the victim who believed that he/she should seek materials and human resources may demand down payment from the victim to the Defendant’s post office account from August 1, 2017, one million won around August 1, 2017; one million won around March 3 of the same month; one million won around the same month; and one million won around September of the same month; and the same year.

9.2. Minority: 1.2 million won, and the same year;

9. A total of 6.2 million won was remitted on November 1, 2000 won;

However, even if the defendant received the above money, he did not think of the above construction, and the above price was used for living expenses and vehicle leasing expenses.

Accordingly, the defendant deceivings the victim and acquired the above 6.2 million won.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Report on investigation (execution of a warrant of seizure, search and inspection);

1. Previous convictions indicated in judgment: Criminal records, previous records and results confirmation reports, and the application of Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. A normal condition favorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: A normal condition favorable to the defendant is that the defendant repents his mistake, reflects his depth, and is in a concurrent relationship between fraud for which the judgment stated in the judgment of the court below has become final and concurrent crimes under the latter part of Article 37 of the Criminal Act, and that the equity of the punishment should be

The amount of damage is not less than 6.2 million won and the damage of the victim is not recovered.