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(영문) 수원지방법원 안산지원 2017.09.21 2017고정736
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant calls the victim E from the Gunpo-si in the name of Mapo-si B to a person who is engaged in the business of installing and operating a smoking part in the trade name of Mapo-si (State) Dapo-si in December, 2015, and calls the victim E who is a D operator in the Gunpo-si in December 2015 to pay the 5.83,000 won transportation cost per week from the Gyeonggi Mapo-si to the F University located in Jeju-do.

“A false statement” was made.

However, at the time, the Defendant had a personal obligation of KRW 20 million without any particular income or property, and (State)C also did not make certain profits, inasmuch as the monthly fixed expenses were disbursed in the amount of KRW 10 million, and thus, even if the Defendant had the victim transported smoke, there was no intent or ability to pay the transportation expenses promised to the victim.

Nevertheless, the defendant deceiving the victim as above and let the victim transport the smoking smoke around January 4, 2016, but did not pay the transportation cost of KRW 5.83,00,000 to the victim, thereby acquiring property profits equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Detailed statement of transactions in passbooks to be used mainly, response to income data, reply to details of payment of property tax, and G newspapers;

1. Application of the Act and subordinate statutes to the investigative report (for the suspect's ability to repay at the time of borrowing);

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

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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