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(영문) 인천지방법원 2018.11.16 2018고정2284
사기
Text

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

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

Reasons

Punishment of the crime

1. On April 2014, the Defendant made a false statement to the victim B, a workplace partner, at the trade non-affiliated coffee shop located in the Nam-gu Incheon Metropolitan City, Nam-dong, stating, “on the first day of lending 400,000 won to the Yeonsu-gu, Incheon, to open the adult PC room, 3-4, and immediately return money after 3-4,000 won, and divide money from the profits generated from the PC room as interest.”

On April 3, 2014, the Defendant received 4 million won from the complainant to the Saemaul Treasury (D) account of the Defendant on April 3, 2014 and acquired it by fraud.

2. On April 2014, the Defendant made a false statement to the complainant at the front floor of the apartment house, “I would have first borrowed KRW 4 million more than three million,” while the Defendant borrowed KRW 3 million in the middle of the Incheon Southern-gu, Incheon.

On April 18, 2014, the Defendant received 3 million won from the complainant in the same manner as the above “1” and acquired the money by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. B accusation;

1. Application of the Acts and subordinate statutes on the detailed list of gold transactions;

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Provisional Payment Order reflects the defendant's wrongness, there is a disability caused by brain diseases, and there is an economic difficulty.

However, at the time of the crime, a person who suffered from the age was granted a loan to the defendant by making a false loan at the end of the defendant, and the damage was not completely recovered even after the extended period has elapsed from the date of the crime.

The defendant was unable to receive a letter from the injured party.

In addition, the defendant's age, occupation, sex, family relationship, living environment, circumstances leading to the crime, etc. after the crime.

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