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(영문) 인천지방법원 부천지원 2013.03.22 2013고정286
사기
Text

Defendant shall be punished by a fine not exceeding 1.5 million won.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On July 27, 2012, the Defendant was sentenced to one year of imprisonment with prison labor at the Incheon District Court for fraud, etc. and the judgment became final and conclusive on August 4, 2012.

[2013 fixed-term 286] On January 27, 2012, the Defendant made a false statement that the Defendant would engage in work at the E-ray operated by the complainant on the phone of the Defendant, and even if the Defendant received money from the complainant D (54 years of age and south) even if he did not have the intention or ability to engage in work at the main point of the complainant, he/she reported the job offering advertisement to the intersection by telephone, and made a false statement on the fact that the Defendant would engage in work at the E-ray operated by the complainant.

As above, the Defendant deceivings the complainant and received one million won in cash from the complainants.

[2013 fixed307] On April 20, 2012, the Defendant stated that the Defendant would pay the money well for 20,000 won a day to 60,000 won a day, regardless of his/her intention or ability to pay the money even if he/she borrowed the money, the Defendant stated that he/she would pay the money well for 60,000 won a day to 20,000 won.

4. Around 24. 24. Around the same day, the complainant made a false statement that he/she would be free from taking care of the amount of medical care costs.

As such, the Defendant, by deceiving the complainant, was issued 1.170,000 won and 1.2 million won and 2.377,000 won in total over two occasions from the complainants.

Summary of Evidence

[2013 High Court Decision 286]

1. Defendant's legal statement;

1. Statement made by the police in relation to D (2013, 307);

1. Defendant's legal statement;

1. The police statement concerning G;

1. Receipt of remittance or a loan transaction contract (pre-trial record on the market);

1. Application of court rulings (in Incheon District Court Decision 2011No2875, etc.) and Acts and subordinate statutes to output consolidated cases;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The order of provisional payment;

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