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(영문) 광주지방법원 순천지원 2015.02.12 2014고단1173
사기
Text

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

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

Reasons

Punishment of the crime

On December 16, 2013, the Defendant made a false statement to the victim C, stating, “The Defendant would give the victim C, by telephone, 600,000 won or less.”

Around the 18th day of the same month, the Defendant continued to make a false statement to the victim stating, “When sending additional KRW 590,000,00 to the knife, it would be installed up to the knife.”

However, the defendant did not have the intent or ability to sell or install softs and Nickels to the victim.

On December 16, 2013, the Defendant received 600,000 won under the name of Bracker's price, 590,000 won under the name of Brer's price on December 18, 201, and 1.190,00 won under the name of the Defendant from the victim to the new bank account in the name of the Defendant.

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

Summary of Evidence

Application of the law to the defendant's legal statement, the police protocol of C

1. Article 347 (1) of the Criminal Act applicable to facts constituting an offense. Article 347 (1) of the same Act provides that although there are extenuating circumstances such as the fact that the defendant committed the crime of this case within the period of repeated crime despite the fact that he/she has been punished several times for the same crime, and that he/she has not been agreed with the victim, it shall be taken into account that the defendant is against the situation, that the defendant is not incurring significant damage

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

3. Article 334 (1) of the Criminal Procedure Act.

4. Article 32 (1) 3 and Article 25 (3) 3 of the Act on Special Cases concerning the Dismissal of Applications for Compensation Orders and Promotion, etc. of Lawsuit (where the scope of liability for compensation is not clear due to the deposit of the accused).

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