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(영문) 광주지방법원 2015.11.27 2015고단3778
사기
Text

The sentence against the accused shall be five million won or more.

If the defendant does not pay the above fine, 100,000.

Reasons

Punishment of the crime

On June 4, 2014, the Defendant was a person who was going to be a candidate for Gwangju Metropolitan City C in Gwangju Metropolitan City at a 6th nationwide local election, which was implemented by the Defendant on June 4, 2014, and the victim D (year 46) is a person who is engaged in the work of

On May 16, 2014, the Defendant told the victim of F’s office located in Gwangju Dong-gu, Gwangju, that “The Defendant would make the promotional materials to be used for the C election and pay the price as the principal election ends.”

However, in fact, the Defendant had no special property and had been responsible for the obligation of approximately KRW 80 million before the candidate, and only had a vague expectation that the Defendant would have subsidized the election campaign expenses, but did not confirm the specific amount or scope of the subsidies. Therefore, even if the Defendant received the election campaign from the victim, he did not have the intent or ability to pay the said amount.

As above, the Defendant, by deceiving the victim as above, obtained the victim with approximately KRW 35 million in total from the victim, such as scamets, shoulder belts, placards, posters, and name cards.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes governing the statement statement made to D by the police;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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