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(영문) 창원지방법원 밀양지원 2017.10.12 2017고단60
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

Since May 2016, the Defendant was going to the “C church” located in the “C church” located in W from the point of May 2, 2016, and became aware of the victim D, who was a new church.

On July 15, 2016, the Defendant: (a) placed the victim at the F Office where the damaged person in E works for the smuggling around 13:00 on July 15, 2016, at the F Office where the damaged person works.

There is a lack of 4,500,000 won in the agreement amount necessary for the degree of 10 million won.

A loan of KRW 4.5 million shall be repaid by July 22, 197.

“The phrase “ was false.”

However, the defendant's wife did not have any traffic accident, and even if the defendant borrowed money from the injured party, the defendant did not have any intent or ability to repay it until July 22, 2016.

Defendant deceiving the victim as above and received KRW 4,50,000 in cash as the borrowed money from Spopoon No. 158 of the North Korean War at the same time in the same day from the injured party.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the statutes governing the deed of commitment;

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 under Article 334(1) of the Criminal Procedure Act, based on the following circumstances and the Defendant’s age, environment, motive, means and consequence of the crime, and the circumstances constituting the sentencing conditions indicated in the records, such as the circumstances after the crime, shall be determined as ordered.

Unfavorable circumstances: The fact that it is a crime during the period of repeated crime for the same kind of crime, and that there is a record of punishment several times for the same crime: the fact that the victim paid KRW 2.7 million to the victim;

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