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(영문) 대전지방법원 천안지원 2018.11.06 2018고정711
사기
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

From September 29, 2016, the Defendant made a false statement to the effect that, by telephone, the Defendant would receive pension benefits not yet paid from Russia and repay money after returning to the Republic of Korea on October 2016, 2016.

However, in fact, the Defendant did not have any particular property, and the Defendant’s spouse D was 50,000 won of the salary that the Defendant’s spouse received in accordance with the National Basic Living Security Act, and whether the Defendant was able to receive the pension smuggling in Russia was in an uncertain situation, and thus, there was no intention or ability to pay it properly even if he borrowed money from the injured party.

The defendant deceivings the victim as above and transferred 3 million won to the Agricultural Cooperative Account under the name of the defendant on the same day from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the text of the Act and subordinate statutes to the detailed statement of deposit transactions (25 pages of evidence), 2017 Ghana 3293;

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. A fine not exceeding 700,000 won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Act of the suspended sentence (see, e.g., the fact that one's mistake is recognized and reflected, that all of the contents agreed with the victim at the time of criminal conciliation has been carried out late in the course of trial, and that his spouse's livelihood demand and supply is not sufficiently sufficient to economic conditions);

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