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(영문) 제주지방법원 2018.02.06 2017고단1711
사기
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On December 1, 2016, the Defendant made a false statement to the victim C that “The Defendant borrowed precious metal of the her husband's softens to be entrusted to the pawned Hall, and if he/she borrowed the precious metal, he/she would have to recover the precious metal by December 30, 2016.”

However, in fact, while the suspect did not have any property, there was a debt of about KRW 120 million, and about KRW 3 million was paid as the monthly interest, and even if seeking money, there was no intention or ability to repay even if he borrowed money from the injured party.

Nevertheless, on December 1, 2016, the Defendant: (a) by deceiving the victim; and (b) issued KRW 20 million to the Jeju Bank Account (E) in the name of the husband of the Defendant from the victim; (c) around December 1, 2016, from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A certificate of borrowing money (12 pages);

1. Application of Acts and subordinate statutes to investigation reports (Attachment of Credit Information Answer Data), and replys to credit information;

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 under Article 334(1) of the Criminal Procedure Act is that the Defendant committed the instant crime even during the period of repeated crime, so there is a high possibility of criticism.

In addition, there is a history of being punished two times or more for fraud.

However, the defendant's mistake is recognized, the victim is not punished against the defendant by agreement with the victim during the trial, there is no smaller punishment than a fine due to the same kind of crime, and the defendant's age, sex, environment, circumstances after the crime, circumstances after the crime, etc. shall be determined as ordered in consideration of various sentencing conditions specified in the arguments of this case, such as the defendant's age, sex, environment, circumstances after the crime.

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