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(영문) 창원지방법원 2014.12.19 2014고정400
사기
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On July 8, 2011, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Punishment of Tax Evaders Act at the Changwon District Court, which became final and conclusive on July 16, 201, and on July 19, 2012, the Defendant was sentenced to one year and six months of imprisonment with prison labor and one year and six months of imprisonment with prison labor at the Changwon District Court on July 19, 2012.

On February 2, 2011, the Defendant made a false statement to the victim C that “A three million won will be repaid within three months if he/she lends it to the victim C within the lot area of the Kimhae-si.”

However, the defendant did not have the intention or ability to pay three million won.

Nevertheless, the defendant deceivings the victim, and he received three million won from the victim, thereby deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. A complaint;

1. Previous records of judgment: Application of Acts and subordinate statutes to criminal records, investigation of criminal records, report on the results of confirmation of the previous dispositions, and prosecution documents (where case inquiry is conducted and a copy of each written judgment is attached);

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

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

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

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

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