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(영문) 광주지방법원 목포지원 2015.08.17 2015고정241
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 January 16, 2014, the Defendant made a false statement to the victim D by phone calls from the former, New-nam-gun C around January 16, 2014, stating that “The south Dong-dong may cause a traffic accident and only lend KRW 10 million as it is necessary to reach an agreement.”

However, the other side of the defendant was only a minor contact accident, and it was not necessary to reach an agreement, and even if the defendant received money from the victim, he thought that he will use it to pay his debt instead of the traffic accident agreement of the male and female.

On January 16, 2014, the Defendant, by deceiving the victim as above, received money from the victim to the post office account in the name of the Defendant’s father E, from the victim, and acquired it by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation report (F counterpart investigation of witnesses);

1. Application of loan certificates and financial transaction statements and other Acts and subordinate statutes;

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

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

1. The sentencing ground of Article 334(1) of the Criminal Procedure Act for sentencing order under Article 334(1) of the Criminal Procedure Act is that the defendant has made mistake in this court, and the defendant's age, character and conduct, family relationship, etc. is partially reduced.

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