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(영문) 대전지방법원 홍성지원 2017.12.21 2017고정246
사기
Text

Defendant shall be punished by a fine of KRW 300,000.

Where the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

In fact, the Defendant concluded on May 14, 2010 that, even if the Defendant purchased health assistive food from the victim B, the Defendant did not have the intent or ability to pay the price, the Defendant would make payment by dividing the price by the 20th day of each month to the victim, who is an employee of health assistive food sales business in the Madern Inthical Madic Madic Madic Madic Mad-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Mad-gun, 1,00 won, prox 1,00 won, and prox 520,00 won.

The defendant deceivings the victim as above, and he received a total sum of KRW 1,00,000 from the victim, and did not pay all the amount of health assistive food.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Complaint;

1. Application of the Acts and subordinate statutes for investigation reporting;

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 Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, paid an additional amount of KRW 400,000 on December 19, 2017 out of the agreed amount agreed with the victim in the course of criminal conciliation, and the victim revoked the complaint on the condition that the damage was recovered.

However, there are three criminal records for the defendant.

In addition, in consideration of the age, sex and environment of the defendant, motive, means and result of the crime, the conditions of sentencing as shown in the pleadings of this case, such as the circumstances after the crime, etc., the punishment as ordered shall be determined.

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