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Reasons
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(영문) 대구지방법원 영덕지원 2014.08.13 2014고정30
사기
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Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

Around March 21, 2013, the Defendant, via C, made a false statement to the victim D, stating that “A daily distance would be less than ten days,” to “I will take up KRW 2,400,000,000,000,000,000 won and KRW 6,000,000,000,000.”

However, since the Defendant had a debt of KRW 850 million, the Defendant did not have the intent or ability to pay the transportation cost and the daily payment even if he was provided with labor by using the imprudented amount.

The Defendant, from the 22th day of the same month to the 25th day of the same month, caused the victim to perform work equivalent to KRW 4.8 million as E, and did not pay the price, thereby acquiring economic benefits equivalent to the same amount.

Accordingly, the defendant acquired financial benefits by deceiving the victim.

Summary of Evidence

1. Partial statement on the third trial date of the defendant;

1. Legal statement of witness D;

1. Police suspect interrogation protocol regarding C;

1. Each police statement made to D or F, each copy of D's resident registration certificate;

1. Written statements of complaints filed by D, G and H;

1. Application of Acts and subordinate statutes to a copy of a business place registration certificate, an investigation report, and an investigation report (influenced G phone investigation of articles);

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. Article 70 of the former Criminal Act (amended by Act No. 12575, May 14, 2014); Article 69(2) of the Criminal Act

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act recognizes that the defendant is liable to pay money late in this court and reflects that the defendant is liable to pay money late in this court, that the defendant has no criminal record of punishment due to fraud, which is the same crime, and that the defendant has promised with the victim to pay the amount of damage although the defendant failed to repay the total amount of damage, and accordingly, the victim submitted a written agreement to reduce the punishment more than the summary order.

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