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(영문) 대구지방법원 2021.02.18 2020고단3771
사기
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in the interior business, and the victim B is a person who is engaged in the household distribution business due to the defendant's university motive.

On May 14, 2018, the Defendant: “The Defendant is doing Kafa, a multi-cin, in the city of Gwangju in Gyeonggi-do, and wishes to receive the said Kafa from the households necessary for the Kafa.

The household price shall be paid immediately.

"......"

However, even if the defendant is supplied with a household, he did not have the ability or intention to pay the household normally.

On May 23, 2018, the Defendant: (a) by deceiving the victim; and (b) supplied the victim with a household of KRW 9020,000 at the construction site of the artificial park around May 23, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

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

1. Although the Defendant’s fault was not less than that of sentencing under Article 334(1) of the Criminal Procedure Act, the punishment as ordered is determined by taking into account all the following factors: (a) the Defendant’s fault is against the Defendant; (b) the Defendant was partially discharged; (c) the primary offender was the Defendant’s age; (d) the Defendant’s age; (e) the environment; (e) the means and result of the crime; and (e) circumstances after the crime

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