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(영문) 광주지방법원 2014.12.12 2014고단3560

사기

Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

Defendant

1. On July 201, 201, the victim C made a false statement to the victim C, “The 5 Corporation was formed in the Gu and the Gu, and D would have been leased for five years since it would be possible to lease the 2 million won in the case of the 200,000 won.”

However, the fact did not have the intention or ability to allow the victim to lease the water from the victim.

As such, deceiving the victim and deceiving the victim, 2 million won was remitted from the victim.

2. On March 5, 2012, 201, in Gwangju Mine House located in Gwangju-gu, Gwangju-gu, “A victim F would be able to operate a box at a construction site. If we live for only 1-2 years, we can be able to live well with children.” On or around the 10th day of the same month, the victim made a false statement that “I would promptly make a decision and will exceed the right to operate the house to another person, unless otherwise.”

However, there was no intention or ability to operate the victim's house.

As such, deceiving the victim and deceiving it from the victim on March 10, 2012, 50,000 won as the down payment for container container on March 10, 2012, and 3,50,000 won as the main container and the title of the purchase of the collection equipment on the 18th of the same month, were transferred to the victim on two occasions.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to C and F

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

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

1. As a result of the overall circumstances, such as the fact that the defendant in the reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act does not agree with the victims, and that the defendant has been sentenced four times to a fine due to the same kind of crime, the punishment shall be determined as set forth in the Disposition above by raising the amount of fine more than that of the prosecution (the fine of KRW 2,000,000).