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(영문) 대전지방법원 천안지원 2016.06.10 2016고정200
사기
Text

The sentence against the accused shall be determined by a fine of two million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On September 201, the Defendant was a person who was responsible for the construction of steel bars at the site of the construction of a commercial building conducted by C in Seo-gu, Seo-gu, Seoan-gu, Seocheon-gu.

1. On September 23, 201, the Defendant stated to the effect that “In the construction site above, the complainant D shall borrow one million won per repayment immediately after receiving construction payment from the building owner” from the building owner at the above construction site at around 10:00.

However, the facts did not have the intention or ability to repay even if they borrowed money from the complainant.

As such, the Defendant, by deceiving the complainant, was immediately given one million won as the borrowed money by the complainant.

2. Around 10:30 on the same day, the Defendant: “On credit, the Defendant has set up a set of pre-facing braces to E at the same place.”

9. Until 30.0, payment will be made without mold.

“.” The purport was “.

However, there was no intention or ability to pay the price even if the bareboat is provided on credit by the complainant.

The Defendant, as such, by deceiving the complainant, received from the complainant a delivery of one set of 1,500,000 won, over the following day from the market price.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of the laws and regulations governing respective certificates of fact by F and C;

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning facts constituting an offense, and selection of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the following circumstances: (a) the amount of the fraud of this case for the reason of sentencing of Article 334(1) of the Criminal Procedure Act; (b) the criminal records of the Defendant’s criminal punishment (which has nine times of fines until 2006, but has no record of the same kind of fines); (c) the Defendant recognizes and reflects a crime; and (d) other circumstances shown in the public trial of this case including the Defendant’s age

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