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(영문) 서울북부지방법원 2017.09.22 2017고단12
사기
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On September 2013, 2013, the Defendant paid the victim D the price of bricks to supply the red bricks to the new construction site of the electric source house in Pyeongtaek-si C, which is located in Pyeongtaek-si, to the victim D.

“A false statement” was made.

However, there is no particular income or property, and there is no way to procure approximately KRW 800,000,000 for the construction cost required for the construction of the above new house, and it is unclear whether the construction can be completed until the end unless it borrows money from the surrounding area or does not work on credit due to the lack of its own funds, and there is no intention or ability to pay the cost properly even if it is supplied by the injured person.

As such, the Defendant: (a) by deceiving the victim at the construction site; and (b) received from the victim, the head of the 24,000 enemy stones around October 4, 2013; and (c) around October 16, 2013, the head of the 388,000 square stones around October 16, 201 and received delivery of red bricks equivalent to KRW 13,892,00 in total from the market price.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The application of Acts and subordinate statutes of a copy of each letter of payment in cash, and a copy of a hostile receipt;

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 grounds for sentencing of Article 334(1) of the Criminal Procedure Act for sentencing of the instant crime are as follows: (a) the Defendant was subject to punishment twice, etc. for the same crime as the instant case; (b) the Defendant committed the instant crime without being aware of it during the period of repeated crime after the execution of the final sentence was completed; and (c) the Defendant led to the instant crime without being aware of it during the period of repeated crime; and (d) the Defendant led to the confession and reflect of the instant crime; and (e) the victim was not subject to punishment by making a full agreement with the victim after the repayment of the damage and the full agreement, taking into account all other circumstances revealed in the records and arguments of the instant case.

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