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(영문) 대전지방법원 천안지원 2017.02.16 2016고정761

사기

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On April 4, 2013, the Defendant: (a) at the house of the Victim D (82 tax) in Busan Metropolitan City on April 4, 2013, the Defendant is doing so at the new construction site located in Masung-si; (b) there is a need to pay money; and (c) he/she lends KRW 1.2 million to the payment for the construction cost to the 16th day of the same month.

was made.

However, even if the defendant borrowed money, he did not have the intention or ability to repay it.

In such a way, the Defendant, by deceiving the victim and deceiving the victim, received 9.2 million won from the victim to receive 9.2 million won per 6 times as shown in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police on D and statement of transactions;

1. Application of the Acts and subordinate statutes to the statement of complaint and loan certificate;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (a comprehensive determination of fines);

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act was 9.2 million won in total and did not recover from damage. The victim expressed his/her intent to punish the defendant. The defendant has a record of being sentenced to a fine once for the same kind of crime and twice for a different type of crime. Meanwhile, the defendant has no record of criminal punishment exceeding a fine, recognition of the crime, reflects the fact that he/she is a recipient under the National Basic Living Security Act, including the defendant's age, sexual behavior, environment, etc., and other various sentencing conditions indicated in the arguments of this case.