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인천지방법원 2018.09.19 2018고단4813
사기
Text

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

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

Reasons

Punishment of the crime

On November 2017, the Defendant loaned KRW 30 million as deposit from the end of January 2018 to the victim D in order to conduct waste treatment business at the office of the third floor of the building of the building of the Nam-gu Incheon Metropolitan City (Seoul) around November 2017, the Defendant would first repay the above deposit to the victim D, as the deposit is generated.

‘False speech' was made.

However, in fact, the suspect did not engage in the waste disposal business and did not want to receive the deposit amount of KRW 30 million.

The defendant deceivings the victim as above and transferred KRW 10,000,000 to the bank account (F) in the name of the defendant on the 30th of the same month from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

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

1. Based on the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing conditions specified in the trial process of the instant case, such as the Defendant’s age, sex, family relation, family relationship, home environment, motive and means of the crime, and the circumstances after the crime, the sentence is determined as ordered.

A favorable condition: The defendant led to the confession of the crime of this case and reflects his mistake.

There is no other history of punishment except that the defendant has been punished once by a fine by driving alcohol in the past.

The victim paid 5 million won to the victim.

Unfavorable circumstances: Defendant was unable to reach an agreement with the victim.