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(영문) 대구지방법원 서부지원 2014.06.25 2014고정387
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On May 13, 2010, the Defendant stated, “Around May 13, 2010, the Defendant stated, “Around one month, the Defendant would have 1.7 million won advance payment.”

However, in fact, the defendant did not have any special property, and there was no intention or ability to return the advanced payment, even if he received the advance payment from the victim, because the defendant has a very economic difficulty, such as 170,000,000 won of the debt, and there was no intention or ability to return it.

As above, the Defendant, by deceiving the victim, obtained KRW 1.7 million on the same day from the victim and acquired it by deception.

2. Around 11:00 on June 11, 2012, the Defendant stated, “In the FC room for the operation of the Victim C located in Chungcheongnambuk-do, it is unfortunateing to see that, at this time, 1.3 million won is paid in advance, and 1.7 million won is added in advance, and 1.7 million won is paid in advance.”

However, as the Defendant did not have any special property and is going to a hospital because he did not have good health, the Defendant did not have any intention or ability to work in the hospital even if he received a prepaid payment from the victim and did not have any intention or ability to return the prepaid payment.

As above, the Defendant, by deceiving the victim, obtained KRW 1.3 million on the same day from the victim and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes to the complaint;

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

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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