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(영문) 인천지방법원 2017.01.11 2016고단7719
사기
Text

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

When the defendant does not pay a fine, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

On January 26, 2015, the Defendant, at the victim C’s house, B apartment No. 101 and 702 at the time of light lighting around January 26, 2015, “the inside of the Defendant works as a designer of Samsung Fire Insurance.”

It will help to reach an agreement in criminal cases against traffic accidents.

On February 4, 2015, a false statement was made to request 5 million won to appoint an attorney-at-law. The victim's "the need to agree on traffic accidents" was changed to 11 million won at the same place.

However, the defendant did not work as a designer of Samsung Fire Insurance at the time, and even if he received money from the injured party, he did not have any intention or ability to use it as a lawyer fee or agreed fee.

As such, the Defendant, by deceiving the victim, received KRW 5 million from the victim to the SC bank account under the name of the Defendant, around January 26, 2015, and KRW 16 million from February 4, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on transactions of deposits and withdrawal;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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 Provisional Payment Order is inadequate, and the Defendant committed a second offense even though he had the same record.

On the other hand, the amount of fraud of this case is relatively short, and the defendant recognizes and reflects the crime.

Therefore, in consideration of these circumstances, the defendant is sentenced to a fine like the order.

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