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(영문) 청주지방법원 제천지원 2018.04.19 2017고단362
사기
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

The Defendant, at around 15:40 on July 18, 2016, visited the homepage of “D” operated by the Victim C, and told that 214,700 won for each month will be paid for 36 months. The Defendant ordered one of the substitute fluence table, the main fishing ground, the book, the book, the five single head of the U.S., the book, and the third single head of the U.S. Si EbB and the third single head of the U.S. around the same month. On the 20th day of the same month, the Defendant drafted and associates with the said agreement to the above purport.

However, in fact, the defendant did not have any particular income or property to the extent of receiving the basic living cost and did not have any bad credit standing so that he did not have the intention or ability to pay the installment even if he received the payment from the injured party

On the 21st day of the same month, the Defendant was delivered from the injured party one of each of the substitute 7,729,200 won, the total market price of which is equivalent to the 7,729,200 won, the main fishing ground, books, 5, the head of the five, the head of the five, the head of the Dong, the head of the three, and the head of the three, the head of the Si, the EB, and the head of the three.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Investigation reports (to hear statements from a witness G phone), investigation reports (to be accompanied by comprehensive credit reports on a suspect), and investigation reports (to hear statements from a criminal defendant's representative);

1. Response to a request for cooperation in business affairs (Inquiry into demand for basic living);

1. Application of Acts and subordinate statutes to a rental agreement, written order, written confirmation, or written contract for the production and delivery of siren to households;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, sex, family relationship, and the circumstances before and after the crime, under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, shall be determined as ordered by taking into account the following circumstances:

Unfavorable circumstances: There was a record of being punished five times as a crime of fraud prior to the instant crime.

In particular, imprisonment with prison labor on 2015, such as fraud.

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