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(영문) 대전지방법원 천안지원 2017.01.24 2016고단1106
사기
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The Defendant: (a) purchased waste cables and sold them after putting off clothes and deducting copper only (the birth of the victim was invested and operated by the injured party; (b) was in physical color to transfer them to a third party around that time; hereinafter “this factory”) and operated the factory; (c) accepted the proposal of the injured party; and (d) acquired and operated the factory on November 24, 2012.

However, the defendant had no experience in the operation of the factory, and there was no particular property, and around January 2013, he became aware that even if the factory was operated in this case, it could not easily raise profits.

As above, even if the Defendant did not have the intent or ability to repay money from the injured party, the Defendant stated that “the Defendant shall complete payment with the operation of the factory if he lent the purchase cost of the closed cable to operate the factory” to the injured party, and that “the Defendant shall repay the purchase cost of the closed cable to the injured party,” as indicated in attached Table 5 through 8 of the daily list of crimes, such as the cost of the factory examination, the operating fund,

3. 1. 900,000 won, 50,000 won on March 2, 2013, 200, 1,000,000 won on June 27, 2013, and 2,000 won on December 13, 2013, were received and acquired through deception.

In addition, on August 16, 2013, the Defendant received the victim’s statement to the effect that “the Defendant would pay the victim a fine for drinking driving instead of paying the same,” and acquired it by fraud from the victim to the public prosecutor’s office account to which the Defendant should pay the fine, as shown in the attached Table 3 of Crimes List 3.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness C;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Some of the statements made by the prosecution against C;

1. Application of the statutes governing partial statements made to D in the police statement protocol;

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the crime, the selection of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1.Article 70(1) and (2) of the Criminal Act to attract a workhouse.

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