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(영문) 광주지방법원 2013.10.01 2013고정1826
사기
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

Around December 5, 2012, the Defendant called “C” restaurant located in the Jeonsung-gun, Jeonsung-gun, Jeonsung-gun, to the victim D by telephone, saying, “In the next site, the Defendant shall remove the cafeteria and newly build the cafeteria, and visit the site to the site, she shall make a visit to the site.” The Defendant again received 80,000 won from the victim by saying, “A victim shall have been provided with meals of amounting to KRW 170,000 at the market price due to an influent frequency in the Advanced District in the Gwangju-gu, Gwangju-gu, Gwangju-gu, with the victim’s unfolding frequency.” The Defendant received 80,000 won from the victim, stating, “A” on that spot, the victim was “A while leaving the cafeteria,” and received a delivery from the victim.

In addition, around December 14, 2012, the Defendant sought a victim who works at the field of high-rise construction in the Gwangju Regional Police Agency located in the Gwangju Regional District, Gwangju Regional District, stating that “I will go to the house, and I will go to our house immediately. I will go to our house. I will go to our house. I will go to our house.” The Defendant received a delivery from the victim by stating that “F” restaurant located in Jeonsung-gun, Jeonsung-gun, the Defendant’s dwelling place in the Defendant’s dwelling place, with the victim’s car as “F” restaurant located in the Jeonsung-gun, Jeonsung-gun, the Defendant’s dwelling place in the Defendant’s dwelling place, “I will get the victim to undertake construction works to start pent, and I will have borrowed KRW 100,000.”

However, in fact, the defendant did not have the intention or ability to construct a restaurant or a pent, and did not have any intention or ability to repay the borrowed money from the victim.

Accordingly, the defendant acquired the victim's property by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

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

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

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