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(영문) 광주지방법원 2018.02.21 2017고정1878
사기
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

Around August 2016, the Defendant stated that the F Housing Publicity Center located in the name of the Co., Ltd. Co., Ltd. in the Seoul Northern-gun Co., Ltd. was the representative director, and that “the Defendant would pay the victim G after two months from the loan of money due to the shortage of funds.”

In fact, even if the defendant borrowed money from the injured party, he did not have the ability or intent to repay it.

As such, the Defendant, by deceiving the victim as such, received a total of KRW 13 million from the victim to the new bank account (H) in the name of the Defendant on August 4, 2016, KRW 10 million around the same month, KRW 2 million around the 23th day of the same month, and KRW 13 million around the 26th day of the same month.

Summary of Evidence

1. Statement by the defendant in court;

1. Entry of each part of the protocol concerning the interrogation of the suspect against the defendant;

1. Each statement made by the police in relation to G, I and J;

1. Application of Acts and subordinate statutes to written statements, such as details of transactions, and each investigation report (to provide for reference witnesses L currency and J additional documents to the head of the K Gwangju Branch Office);

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. Although the defendant agreed with the victim for the reason of sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, the amount of repayment is not less than five million won, and there is a criminal record more than ten times for the defendant.

In addition, the sentencing conditions shown in the records, such as the age, occupation, family relationship, and circumstances before and after the crime, shall be determined as per the order.

It is so decided as per Disposition for the above reasons.

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