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(영문) 대전지방법원 2017.10.24 2017고정903
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On November 6, 2015, the Defendant called to the victim B by phone call at a place where it is unknown to him/her on November 6, 2015, and received KRW 15 million from the victim through the Defendant’s agricultural bank account on the same day.

However, in fact, the defendant did not have the intention to purchase a DNA car, and even if he borrowed money from the injured party, he did not have the intention or ability to repay.

As such, the Defendant, by deceiving the victim, acquired money of KRW 15 million from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes on filing of a complaint, receipt of deposits, and details of withdrawal transactions;

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

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

1. Although the sentencing of Article 334(1) of the Criminal Procedure Act is not good in that it repeats the crime even though there are the same records and many criminal records as the reasons for sentencing, the punishment as ordered is determined by comprehensively taking account of the fact that the defendant recognized the crime, fully repaid the defrauded money, and other sentencing data recorded in the records, such as the defendant's age, sex, criminal conduct, circumstances before and after the crime.

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