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(영문) 전주지방법원 군산지원 2014.01.23 2013고정716

사기

Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On June 4, 2012, the Defendant made a false statement by phone call to the victim Slovagland, stating that “I would want to get the feassian fassian fassian fassian fassian. I will pay monthly rent of KRW 59,400 for 39 months.”

However, even if the defendant was given a siren from the victim, he did not have the intention or ability to pay the siren monthly.

The Defendant, as such, deceiving the victim, and deceiving him, the same month from the victim.

7. The Defendant’s house was installed with only one massage (2,316,500 won at the market price) but did not pay the remainder of 2,257,200 won.

2. On June 11, 2012, the Defendant: (a) by deceiving the victim by means of paragraph (1) of the same Article; and (b) was installed on the 12th day of the same month at the Defendant’s home (2,316,500 won at a market price) from the victim; (c) paid only one siren rent, and did not pay the remainder of KRW 2,257,200.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared B;

1. A complaint;

1. The agreement for a siren;

1. A written confirmation of installation;

1. Application of the stated law to the complainants on the investigation report-payment details;

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

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

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include: (a) the Defendant, who led to the confession of the crime of this case and committed a mistake; and (b) the Defendant, despite the fact that the economic situation of the Defendant is difficult, was found to have been installed at the beginning and immediately disposed of, and the nature of the crime is not good; (c) the amount of damage caused by the crime of this case exceeds KRW 4.5 million; (d) the Defendant did not make any effort to recover from damage up to the present; and (e) the Defendant had been sentenced to a fine once.