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(영문) 광주지방법원 2016.11.10 2016고단2630
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On December 1, 2015, the Defendant, at the restaurant operated by the victim C, stated that “The 1,000 square meters of the finite-gun farmland located in the finite-gun is assigned to the public place and paid compensation of KRW 180 million on December 30, 2015, the Defendant paid KRW 100 million among them. In short, the Defendant paid a full payment of money to the victim.” In short, the Defendant loaned money to the victim by December 30, 2015, the Defendant stated that “I will complete payment by December 30, 2015.”

However, the mother of the defendant did not have been incorporated into the public land, so there was no plan to pay land compensation, and at the time there was no financial ability for the defendant at the time, there was no intention or ability to repay the money as agreed even if it was received from the victim.

As above, the Defendant, by deceiving the victim as above, received KRW 5 million over several occasions from the victim, around December 2015, and received KRW 5 million through the personal compromise account in the name of the Defendant on the 29th of the same month.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to C by the police statement;

1. Investigative reports (to hear statements from public officials in charge);

1. Application of notarial deeds, duplicates, and specification of transactions under a monetary loan agreement;

1. Relevant Articles 347(1) and 347(1) of the Criminal Act concerning criminal facts, the choice of a fine (including the fact that the amount of punishment is not so large, the fact that the defendant returned the victim about 9 million won and agreed smoothly, the fact that the defendant had no criminal record for the same kind of crime and has not committed it against the defendant);

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

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