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(영문) 전주지방법원 군산지원 2016.05.03 2015고정553
사기
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On March 37, 2008, the Defendant was sentenced to 10 months of imprisonment and 2 years of suspended execution for a violation of the Narcotics Control Act at the Daegu District Court on March 37, 2008, and the said judgment became final and conclusive on March 15, 2008.

On September 3, 2007, the Defendant received a request from the victim E to collect claims from “D” operated by the Defendant in Daegu-gu, Daegu-gu, Seoul-gu, for collection of claims, and ordered the victim to collect claims on the face of expenses incurred in collecting claims.

“The purport was to the effect that “.....”

However, the defendant did not have an intention or ability to accept the claim as promised by the victim.

The Defendant: (a) by deceiving the victim as above; (b) was delivered KRW 1 million to the victim for the same day from the victim; and (c) by deceiving the victim by the above method around September 17, 2007; and (d) was delivered KRW 200,000 from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Previous conviction in judgment: Application of the text of the judgment;

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

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. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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