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(영문) 전주지방법원 2018.10.23 2018고정241
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

On August 13, 2015, the Defendant was sentenced to eight months of imprisonment at the Daegu District Court, which became final and conclusive on August 21, 2015. On September 9, 2015, the Defendant was sentenced to two months of imprisonment with prison labor at the Daegu District Court Kimcheon Branch, which became final and conclusive on September 17, 2015.

The Defendant, around 15:00 on April 7, 2014, around 15:00, at the Dda of the operation of the Victim C located in the North Jinan-gun B, North Korea, the Defendant would work in the multilateral bank.

In other words, one million won was paid in cash on the same day from the victim who believed it, and one million won was paid in cash around 15:00 on the 14th of the same month and four million won was paid in total as the advance payment.

However, even if the defendant received the above advance payment, he did not have the intention or ability to work at the above multilateral bank. On April 14, 2014, the defendant received the above advance payment of KRW 1 million, and then cut off the contact without going to work any longer.

Accordingly, the defendant deceivings the victim and acquired the above four million won.

Summary of Evidence

1. A protocol concerning the examination of suspect of the defendant;

1. Statement made by the police against C;

1. Before judgment: Application of a written judgment and a written inquiry of summary information of a case;

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. All circumstances, such as the amount of damage caused by the sentencing of Article 334(1) of the Criminal Procedure Act and the amount of injury caused by a large number of criminal records against the Defendant, etc., are seen habitually, and equity with the case where a judgment has become final and conclusive simultaneously with the case where the said judgment has become final and conclusive.

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