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(영문) 제주지방법원 2016.04.07 2015고정1094
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 October 21, 2012, the Defendant: (a) lent money to the victim E within the main point located in Jeju-si, Jeju-si; (b) provided that, on December 15, 2012, the Defendant would have to complete payment while working in a multi-face operated by the damaged party.

However, the defendant did not have the intent or ability to repay the borrowed money at the victim's multiple times.

As such, the Defendant, by deceiving the victim, received KRW 600,000 from the victim to the F account known by the Defendant on October 21, 2012, and received KRW 3 million from the same account on December 15, 2012, KRW 90,000,000 from the same account on January 7, 2013, KRW 270,000 from the same account on January 23, 2013, and KRW 1 million from the same account on January 28, 2013, respectively, and received KRW 9,20,000,000 from the same account on January 28, 2013.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a copy of a certificate of safekeeping of cash and data on account transactions;

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing of the instant crime are as follows: (a) the Defendant led to the confession of all the instant crimes, and repents his mistake; (b) the victim, after the instant crime, did not pay to the Defendant an amount equivalent to KRW 5.4 million, which the Defendant should pay to the Defendant; and (c) recovered part of the amount of the said damage by means of offsetting the amount of the instant damage; and (d) the Defendant was the first offender who had no record of committing the instant crime prior to the instant crime

However, since the victim recovered part of the amount of damage as above, the defendant paid the remaining amount of damage to the victim or did not receive a letter from the victim of the crime of this case, in a similar case, the defendant's age, sexual behavior, environment, means and consequence, circumstances after the crime, and other arguments of this case.

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