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(영문) 대구지방법원 안동지원 2018.02.02 2017고단176
사기
Text

1. The sentence against the accused shall be 1.5 million won;

2. The defendant does not pay the above fine.

Reasons

Punishment of the crime

On December 17, 2015, the Defendant demanded the victim C to purport that “the money necessary to search for the lost article entrusted to the pawnpos” was given KRW 5 million from the victim, and received five million from the victim.

However, the defendant did not have any article left to the pawnpo at the time.

As such, the Defendant made a false statement to the victim and acquired 5 million won from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Part concerning C’s statement in the second interrogation protocol against the defendant during the police investigation.

1. Statement by the police against C (including D's statement);

1. A complaint filed in D;

1. An investigation report (an investigation of a pawned Art. 500,000 won as stated in the judgment of the defendant) (the defendant used to search for a plaqued Art. 500,000 won which was actually left to the pawned

However, according to the above evidence such as the defendant's prosecutor's statement that led to the confession of this part, there is sufficient proof of guilt as to the facts of crime in the judgment. However, according to the above evidence, there is sufficient proof of guilt in the facts of crime in the judgment.

Since the defendant's assertion is judged, the application of the law is not accepted.

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which had been committed by the Defendant, committed the instant crime in spite of the fact that the Defendant was subject to criminal punishment on two occasions due to the commission of fraud (including the punishment of imprisonment).

This is an unfavorable circumstance to the defendant.

The injured person does not want the punishment of the defendant under the mutual consent with the defendant.

This is favorable to the defendant.

In addition, the arguments and records of this case, such as the age, sex, environment, and circumstances after the crime.

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