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(영문) 대구지방법원 2018.02.23 2017고단6680

사기등

Text

Defendant shall be punished by a fine of KRW 9,000,000.

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

Reasons

Punishment of the crime

【2017 Highest 6680 [Defendant] Around January 12, 2017, the Defendant called the victim B at an influence place in the Philippines and repaid the victim KRW 2,50,000 to the victim “(200,000,000).”

A parent shall be fully repaid within one month even through the parent.

“.....”

However, in fact, the Defendant did not have any intent or ability to repay even if he/she borrowed money from the damaged party due to lack of money in the Republic of Korea from the Philippines.

As such, the Defendant, by deceiving the victim, received KRW 20,00,000 from the victim on January 12, 2017, KRW 200,000 on January 14, 2017, KRW 500,000 on January 15, 2017, KRW 500,000 on January 16, 2017, KRW 500,00 on January 17, 2017, KRW 500,00 on January 18, 2017, KRW 500,00 on January 19, 2017, KRW 50,00 on January 50, 201, and KRW 500,00 on January 21, 201, and KRW 500,00 on January 53, 207, respectively, and received KRW 3900 on a total amount more than ten occasions.

【2017 order 7029 [Defendant] On February 21, 2017, at around 07:00, the Defendant carried out a shower by the victim E, a creditor of the Defendant, with the Defendant’s passport and mobile phone, cash, and KRW 300,000,000, which the victim possessed for the purpose of securing the claim.

As a result, the defendant taken the goods of the defendant possessed by the injured party and obstructed the victim's exercise of rights.

Summary of Evidence

【2017 Highest 6680】

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A complaint and a copy of a passbook in the name of the National Bank Account under B / 2017 order / 7029);

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Article 347 (1) of the Criminal Act (the point of fraud) and Article 323 of the Criminal Act concerning the facts constituting an offense;

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The Defendant’s reason for sentencing of Article 334(1) of the Criminal Procedure Act on March 18, 2016 in the Daegu District Court for criminal fraud, etc. is eight months.