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(영문) 대전지방법원 2017.06.30 2016고단4357

사기

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On April 8, 2015, the Defendant was sentenced to imprisonment with prison labor for fraud, etc. at the Daejeon District Court on April 8, 2015, and the said judgment became final and conclusive on April 16, 2015.

On August 8, 2014, the Defendant met the victim in front of the Seo-gu Daejeon apartment complex, Seo-gu, Daejeon, which is the residence of the victim C, and tried to add the machinery to “I have an adult amusement room.”

However, there is a lack of money for mechanical slaughter.

It is intended to offer 20% of the profit earned by operating the adult amusement room at the face of machinery.

If so, the principal may be restored to the original.

A false statement was made to the effect that “I would like to know at any time and ask for money.”

However, in fact, the Defendant did not operate or plan to operate an adult amusement room, and the Defendant thought that the amount invested from the victimized person due to no income was used for personal purposes, such as his/her own living expenses, etc., so even if he/she received the investment money from the victimized person, he/she did not have the intent or ability to pay

On August 27, 2014, the Defendant received KRW 17,000,000 from the injured party to the bank account under the name of the Defendant’s name and acquired it by money.

Summary of Evidence

1. Statement by the defendant in court;

1. A description of customer transaction details;

1. Application of the Acts and subordinate statutes stated in the investigation report (the previous report and the confirmation report);

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. 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. Taking into account the reflection of the reason for sentencing under Article 334(1) of the Criminal Procedure Act, reimbursement of eight million won, the latter concurrent crimes under Article 37 of the Criminal Act, and the victim’s strict carbon, etc.