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(영문) 광주지방법원 순천지원 2018.02.12 2017고정608
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On April 6, 2017, the Defendant loaned money to the victim C within the clothes operated by the Defendant in Shyman-si B, which reads that he would receive compensation from the victim C, or would receive a loan from the victim as security of Shyman-si.

However, even if the defendant actually received compensation for the land or constructed a house, the defendant did not have any guarantee to help the defendant, so there was no ability or intention to pay money to the victim two months later.

Therefore, the victim was transferred 24 million won to the national bank account in the name of the defendant.

Accordingly, the defendant was given property after deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol with respect to complaint filing or C;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense, Article 347 (1) of the Criminal Act selection of punishment, and fines;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order reflects the defendant's mistake in depth, agrees with the victim, and faithfully implements the change following the agreement, the victim actively appeals the defendant's prior domicile, and the defendant is the primary offender, and all of the sentencing conditions specified in the records and arguments of this case, including the defendant's age, sex, environment, and circumstances after the crime, shall be determined as ordered by taking into account the following factors.

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