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(영문) 대전지방법원 2013.10.11 2013고정1599

사기

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On April 22, 2010, the Defendant was sentenced to one year and six months of imprisonment for fraud, etc. at the Daejeon District Court, and confirmed on April 30, 201. On November 25, 2011, the Daejeon District Court sentenced two years of suspended execution to six months of imprisonment for fraud, and became final and conclusive on May 11, 2012.

On November 24, 2008, the Defendant: (a) on November 24, 2008, at the Jung-gu Daejeon District Office C Office Co., Ltd., the Defendant received KRW 10 million from the victim, and acquired it by deception, by stating that “The Defendant did not have any intention or ability to operate the boom, and thus, did not have any intention or capacity to grant the right to operate the brin restaurant to the victim D; and (b) the Defendant did not have any capacity to do so.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Previous offense: Application of the provisions of Acts and subordinate statutes before disposition and report of confirmation (Attachment of judgment);

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;