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(영문) 대구지방법원 2017.12.07 2017고단4989
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On July 25, 2016, the Defendant would install radiation and smoke equipment and posters chips equipment when sending KRW 4 million to victims E who were known to the general public.

First of all, to send 1.5 million won, the phrase "to install the radiation apparatus and the smoke apparatus in one month, and to install 2.5 million won in a weekly flag up to chip machine."

However, in fact, from January 2016 to March 201 of the same year, the Defendant did not provide a large number of persons with a certain amount of money equivalent to about 30 million won for the supply of machinery, but did not supply a proper machine as a price for the supply of machinery. Since machinery such as a withdrawal machine and a compressed machine were provided as a security for transfer of F’s obligation, the Defendant did not have any intent or ability to purchase and install the timely machinery even if he received money from the damaged person as the price for the machinery.

Nevertheless, on July 25, 2016, 1.5 million won to the Daegu Bank Account under the name of Defendant Ah to the victim of such deception as above, and the same year.

8. 10. Around October, 198, 2.5 million won was remitted to the agricultural bank account in the name of the Defendant’s wife and acquired 4 million won in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against E;

1. A certificate of remittance confirmation;

1. Application of Acts and subordinate statutes to each investigation report (G investigation, recording and reporting on the preparation of a record, and attaching a decision not to prosecute a suspect);

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. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act with the detention of the workhouses is that the Defendant had been punished several times for the same kind of crime, but repeats the instant crime, and is not agreed with the victim.

However, there are other favorable circumstances, such as the fact that the defendant recognized the crime of this case and reflected the mistake, the amount of damage is relatively small, and the victim fully repaid the amount of four million won, etc., and the defendant's seal.

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