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(영문) 대전지방법원 서산지원 2021.01.25 2020고정83
사기
Text

Defendant shall be punished by a fine of three million won.

When the defendant does not pay the above fine, 10,000 won shall be one day.

Reasons

Punishment of the crime

On October 10, 2017, the Defendant made a false statement to the victim that “The Defendant would pay the drinking value without climping at the end of the month,” from the main point of the victim C’s operation located in Seosan City-si B.

However, the defendant did not have any special income at the time, and even if he was provided with alcohol, alcohol, etc. on credit from the injured party in excess of his obligation, he did not have any intention or ability to pay the alcohol value at the end of the month

Nevertheless, the Defendant: (a) by deceiving the victim as above from October 11, 2017 to October 27, 2017; (b) obtained pecuniary benefits equivalent to the amount of KRW 2.9 million on the ground that the Defendant did not pay the ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto

Accordingly, the defendant acquired financial benefits by deceiving the victim.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made to C;

1. A complaint;

1. The application of Acts and subordinate statutes of subparagraph (A) of a copy of receipt, a copy of a loan certificate, and a copy of a name

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

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

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

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