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(영문) 전주지방법원 2018.12.07 2018고정356

사기

Text

Defendant shall be punished by a fine of KRW 15,000,000.

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

Reasons

Punishment of the crime

On August 8, 2017, the Defendant stated that “The Defendant would provide the victim B with the time limit of 16 times per month, and, if the time limit of 2 million won per month is paid, the Defendant would provide the time limit of 30 million won without drawing up on the designated date by the sequence.”

However, the defendant did not have the intention or ability to operate the above system, and even if the victim joined the system, he did not have the intent or ability to pay the amount by the sequence of the victim.

As can be seen, the Defendant, by deceiving the victim as such, was granted KRW 12 million in total, including KRW 6 million on August 9, 2017 and KRW 6 million on October 23, 2017, from the victim as a guidance deposit.

Summary of Evidence

Application of the law of the police statement protocol to Defendant B's legal statement

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the crime, the selection of fines;

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the Defendant was punished several times by committing a crime in which the Defendant was actually punished by organizing a false system; (b) the Defendant was sentenced to a punishment; and (c) the Defendant repeatedly leads to the same crime after release; and (d) the Defendant appears to have increased the risk of recidivism in the future, there is a circumstance that the Defendant agreed to repay the amount of damage to the victim of the instant case and agreed to do so.

Even if a fine for a summary order is deemed to be very minor, the sentence shall be determined as ordered in consideration of all the circumstances.