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(영문) 대전지방법원 2014.07.09 2014고정814

사기

Text

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

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

Reasons

Punishment of the crime

On September 17, 2012, the Defendant was sentenced to imprisonment with prison labor for eight months at the Daejeon District Court for fraud, and the Defendant was sentenced to a suspended sentence of two years on April 17, 2013.

On April 7, 2011, the Defendant drafted a membership registration agreement by stating that “The Defendant would have a four million won of the agreed amount set up as a ball and pay a 200,000 won card for 200,000 won for the 20-month period,” while selling a fright to the vehicle of the victim C (Seoul, South and 79 years of age) at the Seocho-gu Seoul Metropolitan Government B Apartment 102 and 1104.”

However, even if the defendant receives an agreed amount of four million won, he did not have the ability to pay the premium card.

As such, 4 million won was received from the victim with the account of community credit cooperatives (D) in the name of the defendant, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The membership registration agreement;

1. Application of Acts and subordinate statutes on investigation reports (same-class criminal records);

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. Scope of statutory penalty for sentencing under Article 334(1) of the Criminal Procedure Act: Imprisonment with prison labor for not more than ten years or under the conditions favorable to a fine not exceeding twenty million won: The partial repayment of damage, reflects on the fact that the sentence has been partially discharged, and circumstances unfavorable to consideration of equity with the case that the sentence has been adjudicated simultaneously with the crime on which the sentence has become final: Unagreement with the victim, and choice of sentence with the same criminal history: fine of not more than 1,00,000 won; and