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(영문) 인천지방법원 2019.01.10 2018고단6576
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 February 9, 2018, the Defendant, at the C office located in Jung-gu Seoul, Jung-gu, Seoul, sent the victim D with the same attitude as the Commissioner General of the Korea Coast Guard, and the F officers are well aware of the fact that he would be able to engage in a vessel business, and the Defendant was able to engage in a vessel operation. In response, the F officers and F officers were able to engage in a vessel operation in G located in Chungcheongnam-gu, Chungcheongnam-do. In return, the Defendant transferred the gift certificates purchase cost of KRW 7 million to F officers. If the Defendant did not grant the business license by the end of February, 2018, it was false that he would return all the money.

However, the defendant did not know the executive officers of the Korea Coast Guard or the F Group, and did not have a position to request the victim to operate the business of reducing the number of the victims. Since he received money from the victim and used it for living expenses, there was no intention or ability to allow the victim to operate the business.

As above, the Defendant, by deceiving the victim, received 7 million won from the victim to the Defendant’s J bank account from the Defendant’s wife I, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Article 347(1) of the Criminal Act applicable to the relevant criminal facts, Article 347(1) of the choice of punishment, and the selection of fines (hereinafter the following grounds for sentencing

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

1. A extenuating circumstances for sentencing under Article 334(1) of the Criminal Procedure Act that are disadvantageous to the reason for sentencing of the provisional payment order: The treatment to the defendant who has caused a certain adaptability to punishment may not be any particular consolation for the attempted recidivism that lacks the awareness of the crime during the period of repeated crime, the attachment of the wall of serious defraudation, and the treatment to the small amount of

A favorable normal situation: The size of fraud is relatively heavy.

- the responsibilities of the victims who have solicited the work of earlycars by providing money or voiceing means that are harsh to the Defendant’s permission;

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