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(영문) 대구지방법원 서부지원 2013.11.06 2013고정1274
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

Where a defendant fails to pay a fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On April 23, 2013, the Defendant was sentenced to a suspended sentence of 2 months for fraud in the Daegu District Court's Ansan Branch on April 23, 2013 and the judgment became final and conclusive on May 1, 2013.

Around August 30, 2012, the Defendant made a false statement to the effect that “The Defendant will take seven U.S. A.C. with seven L.C. and 19 million U.S. advance payment, if he/she would take seven U.S. advance payment, and will do his/her I.C. work.”

However, even if the defendant receives the advance payment from the victim as above, the defendant takes seven AC as a promise and takes seven AC as a summary of the victim.

There was no intention or ability to work at the main point.

After deceiving the victim as such, the Defendant received a total of KRW 19 million from the victim on August 30, 2012, KRW 100 million on August 31, 2012, KRW 11 million on August 31, 2012, KRW 5 million on September 5, 2012, and KRW 6 million on September 6, 2012.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. Handling concurrent crimes: The latter part of Article 37 and Article 39 (1) of the Criminal Act;

1. Detention at a workhouse: Articles 70 and 69 (2) of the Criminal Act;

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

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