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(영문) 대전지방법원 2017.06.14 2017고단1050
사기
Text

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

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

Reasons

Punishment of the crime

[Criminal Records] The defendant was sentenced to 8 months of imprisonment for fraud in order to establish a district court of Jung-gu on February 15, 2008 and the execution of the sentence in a governmental prison is the same year during the execution of the sentence.

7. 30. Parole; the same year;

9.1. The parole period has expired.

[2] On March 24, 2010, the Defendant stated that “A victim C is operating an article center with one truck of 4.5 tons in the name of his father and one truck of 2.5 tons in the name of his father, which would change the amount of KRW 20 million for a group of businesses.”

However, since the defendant did not operate the Lee Jae-do Center and did not own the truck under the father's name, he did not have any intention or ability to conduct the business with the victim even if he received money from the damaged person in the name of the partner.

As such, the Defendant, by deceiving the victim, obtained the delivery of KRW 20 million from the victim under the name of the partner on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Investigation report (to hear statements from complainants);

1. Certificates of cash custody;

1. A copy of a check before himself;

1. Previous records: Results of inquiry, report on investigation (Attachment of relevant decisions), application of Acts and subordinate statutes concerning personal confinement;

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. The punishment shall be determined as per the disposition, in consideration of the fact that there are only one time the same criminal records as the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, and there are unfavorable circumstances in which the nature of the crime is not good in light of the method of crime. However, the punishment shall be determined as per the disposition, in consideration of the fact that the amount obtained by deception is paid in the amount of KRW 20 million and the agreement is reached with the victim, confessions and reflects;

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