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(영문) 대전지방법원천안지원 2020.11.24 2020고정328
사기
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Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

The defendant is a person who runs a retail business with the trade name of "C" in Seoan-gu, Seoan-gu, Seoan-gu.

On January 2, 2018, the Defendant was supplied with sirens equivalent to KRW 64,625 from the victim D’s name-free employees, while engaging in the act as if the Defendant would properly settle the price of the goods at the immediately preceding Security Guards.

However, the defendant had no intention or ability to pay the amount in time even if he is supplied with the goods from the victim, such as the cumulative financial obligation and the failure to pay the amount for the goods to other customers.

Nevertheless, the Defendant, as seen above, supplied a total sum of KRW 9,353,769 between the victim and the victim from February 19, 2019, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A complaint and a detailed statement of transactions;

1. Scenic description photographs;

1. The application of Acts and subordinate statutes on investigation reports (verification of the amount of debts), and F reply Data;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Selection of Fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order seems to be recognized as substitute and reflects the defendant's mistake, and the defendant's period and amount of the crime in this case, the defendant's age, character and behavior, environment, relationship to the victim, motive, means and result of the crime, circumstances after the crime, and other various conditions of sentencing as shown in the argument in this case shall be determined as ordered, taking into consideration all of the following factors.

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