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(영문) 전주지방법원 남원지원 2017.07.04 2017고단27

사기

Text

The sentence against the accused shall be determined by a fine of two million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On January 2015, the Defendant, at the site of the new construction of a plastic house E in the victim E, which is located in Namwon-si, Namwon-si, the Defendant: “In the event of this plastic house, the Defendant would be able to come up with it without going through the subcontractor, so that the Defendant would not go through the subcontractor, and would be able to gather the quantity of the plastic house E in the Namwon-si.

First of all, it made a false statement to the effect that “the demand for materials cost of KRW 16 million is changed.”

However, the fact does not have the intention or ability to purchase materials from the injured party to purchase the materials and make it impossible to do so.

The Defendant: (a) by deceiving the victim as above; (b) transferred KRW 10 million around the 21st day of the same month to the Agricultural Cooperative Account (G) in the name of each Defendant for the purchase of materials from the victim; and (c) KRW 6 million around the 27th day of the same month to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement report with respect to E and H and documents attached thereto;

1. Application of the Acts and subordinate statutes of written complaint of E;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (a comprehensive determination of fines);

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

1. The sentencing conditions of the Defendant’s age, occupation, sex, family relationship, and circumstances before and after the crime are determined by comprehensively taking account of the following circumstances under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order and other conditions of the sentencing indicated in the record.

- The Defendant previously committed the instant crime during the period when he/she can be punished as a repeated offender.

This is an unfavorable circumstance.

However, it is difficult to readily conclude that the Defendant had reached the crime of this case with a view to acquiring money from the damaged person from the beginning, and that the amount of damage caused by the crime of this case is very large.

It can not be seen, and the defendant paid a reasonable amount of money to the victim during the trial process and expressed his/her intention that the injured party does not want the punishment of the defendant.