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(영문) 서울서부지방법원 2018.06.08 2018고정296
사기
Text

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

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On March 30, 2015, the Defendant made a false statement to the victim B, who was a seller of a steel framed at a place where the event occurred, saying, “I want to open the C, and I want to install a steel framed at an event site, and I wish to lend the proceeds of the lease to KRW 9 million for the cost of borrowing the land at the event site where the event is held, and upon completion of the event, I will pay money.”

However, in fact, the Defendant did not hold an event since it did not have obtained permission from the head of the competent Gun/Gu in connection with C event, and even if receiving the above money, he was thought to use it individually, not the cost of leasing the land at the event site, and even if he borrowed money from the damaged party due to no regular income or special property at the time, he did not have

Defendant deceiving the victim as above and received KRW 9 million from the victim to the post office account in the name of the Defendant around March 30, 2015. From then on October 20, 2015, Defendant: (a) had, as indicated in the attached Table of Crimes, held each event in a normal manner, and had the victim satisfied after the completion of the event; and (b) received a remittance of KRW 32,500,000 in total six times from the victim as expenses related to the exercise.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Application of the police statement protocol law to B

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of a selective fine (to select a fine in consideration of the fact that the victim has paid 20 million won to him/her and has agreed smoothly, the defendant's age, health, etc., and the records of punishment for a fraudulent crime of the same kind are five times or more, and the amount of the fine shall be determined in consideration of the fact that the amount of the fraud of this case is 325 million won in total and has not been recovered, etc.);

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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