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(영문) 대전지방법원 2017.11.21 2017고단3756
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. The criminal defendant against the victim C, even though he/she did not have an intent or ability to complete the payment even if he/she borrowed money from the victim of the fact, on March 29, 2017, the victim was called the victim by phone at around 20:00 on March 29, 2017, and “The price of the gold is KRW 300,000,000,000,000,000,000,000 won.”

‘Falsely speaking, 300,000 won was acquired from the injured party as the purchase price for scrap metal on the same day by acquiring 300,000 won from the Nong Bank account in the name of D.

2. The criminal defendant against the victim E, even if he/she purchased scrap metal from the victim of the fact that he/she had no intent to pay it, and even if he/she borrowed money from the victim, he/she did not have intent or ability to pay it. However, on March 25, 2017, he/she purchased scrap metal equivalent to KRW 200,000 at the market price from the victim of the damage in J in J in J in J in J in J in J in J in J in Jin-si around March 25, 201, and he/she shall also pay the purchase cost of the scrap metal with KRW 200,000 won.

‘Falsely speaking, it was issued to the injured party on the same day from the same day, and acquired 500,000 won as the borrowed money by obtaining it from the Nonghyup Bank account in the name of the accused.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes to descriptions of each police statement protocol in C and E;

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the selection of fines for the crime;

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 Article 69(2) of the Criminal Act to attract a workhouse;

1. Taking into account the following factors: (a) the reason reflects the sentencing of Article 334(1) of the Criminal Procedure Act; (b) the method and scale of deception and deception; and (c) the crime of this case committed by the Mapo upon the final judgment of the suspended sentence of the same crime.

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