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(영문) 창원지방법원 진주지원 2014.06.10 2014고단291
사기
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On April 23, 2013, the Defendant made a false statement to the victim D, stating that “The detached Housing in In Mancheon has been sold at KRW 140 million, but if the Defendant borrowed the bid deposit of KRW 14 million, the Defendant would receive the goods and repay the money in return for the goods within two to three months.”

However, even if the defendant received money from the victim, he did not think that it will be used as a bid deposit for the above detached house auction, and there was no particular income or property, and there was no intention or ability to repay the borrowed money to the victim.

The Defendant received KRW 14 million from the victim to the Agricultural Cooperative Account in the name of the Defendant on the same day.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Account specification (14 million won remittance) and investigation reports (limited to attachment of account specification);

1. Application of Acts and subordinate statutes to output details of the progress of individual rehabilitation cases and copies of notice of decision to commence individual rehabilitation procedures;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. Although there are extenuating circumstances such as the fact that no damage recovery was made to the remainder of the damage amount due to sentencing of Article 334(1) of the Criminal Procedure Act, among the damage amount due to sentencing of Article 334(1) of the Provisional Finance Business Act, the Defendant has no other criminal records except for the punishment of a fine of KRW 5 million as a violation of the Specialized Credit Finance Business Act in December 2003, the Defendant is starting his criminal act, and the Changwon District Court 2013 7590, has been making efforts to recover the damage of the victim, and other favorable circumstances such as the Defendant’s age, family environment, relationship with the victim, motive, means and consequence of the crime, and the circumstances after the crime, etc.

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