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(영문) 의정부지방법원 2018.12.06 2018고정1237
사기
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

On November 29, 2017, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of road traffic law (drinking driving) at the District District Court on April 17, 2018 and the said judgment became final and conclusive on April 17, 2018.

On August 15, 2017, the Defendant: (a) at the street store operated by the Victim C in Gu-si B around August 15, 2017, the Defendant: (b) “The father’s hospital expenses are 470,000 won; and (c) he/she shall pay the victim two and three days after the loan.

“A false statement” was made.

However, even if the defendant received money from the injured party, he was planned to use it as living expenses, etc., and there was no intention or ability to repay it due to no special income at the time.

The defendant received 470,000 won as the father's hospital expenses on 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. Complaints, protocol of statement made by police preparation to C, investigation report (Visits to office of the suspect and confirmation of the location of the suspect);

1. References to inquiries, such as criminal history, reports on the result of confirmation of the previous conviction before the disposition, and the application of the judgment statutes;

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 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

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

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows: (a) the Defendant recognized the criminal facts of this case and reflects his mistake; (b) the amount of damage to the crime of this case is not relatively large; and (c) the case where the judgment of this case is to be judged concurrently with the crime of violation of the Road Traffic Act (driving of Drinking), and the case where equity is to be considered in consideration, etc.,

However, as the defendant did not have the intent or ability to repay, the crime of this case by deceiving the victim is committed in light of the contents and methods of the crime.

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