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(영문) 전주지방법원 2018.09.12 2018고단744
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

【Criminal Records】 The Defendant was sentenced to a suspended sentence of two years for a year, due to a violation of the Punishment of Violences, etc. Act (Assaults, such as group, deadly weapons, etc.) at the Jeonju District Court on April 23, 2015, and the same year.

5. 1. The above judgment was finalized.

【Criminal facts】 On February 5, 2014, the Defendant stated that “The Defendant would pay working expenses to the victim D at the place of work of collecting cream in Kim Jong-si, Kim Jong-si, as long as cream work is completed, it would change cream work from the place of work of collecting cream.”

However, in fact, the defendant did not have the intention or ability to pay working expenses to the victim because he was unable to pay wages to those employed at the place of work collecting funds at the time.

The defendant deceivings the victim as such and causes the victim to be subject to such deception.

2. From May 1 to September of the same month, 3,700,000 won was not paid, even though the collection of gold was ordered to do so, to do so.

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the respective legislation of payment

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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. Although the sentencing of Article 334(1) of the Criminal Procedure Act was not agreed with the victim for the reason of sentencing of the provisional payment order, there is not much amount of damage, and the defendant reflects the defendant's wrongness, the equity in the case of the defendant's judgment at the same time as the crime finalized in the judgment should be taken into account, and other conditions of sentencing, such as the defendant's age, sex, environment, etc., shall be determined as ordered by taking into account

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