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(영문) 부산지방법원 2018.01.18 2017고정582
사기
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

On February 16, 2017, the Defendant was sentenced to six months of imprisonment for fraud at the Busan District Court, and the above judgment became final and conclusive on June 3, 2017.

On May 12, 2016, the Defendant knows the victim E with a signboard business operator who can set up a signboard at a low level.

A false statement was made to Nag that the signboard installation cost would be likely to set up a side signboard.

However, the defendant thought that he would use the money received from the victim for other purposes, and there was no intention or ability to introduce the signboard installation business operator to the victim.

Nevertheless, the Defendant deceivings the victim as above and received 80,000 won in cash from May 12, 2016 to around 13, 2016 from the victim.

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

Summary of Evidence

1. The defendant's legal statement (the third public trial date);

1. Statement made by the police for E;

1. An investigation report (the attachment of text messages, the page 34 of the investigation record, the page 34 of the investigation record), investigation records (the page 2: 44 pages of the investigation record), investigation reports (the confirmation of monetary details, one right to investigate records, and 90 pages of the investigation record);

1. Previous convictions: Results of case search, application of Acts and subordinate statutes;

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

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

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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