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(영문) 인천지방법원 2020.05.21 2020고단959

사기

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

Around September 13, 2018, the Defendant made a false statement to the victim B, “A patient suffering from a disease and the need for medical expenses is to be repaid if he/she lends money to him/her.”

However, in fact, the defendant did not have fixed income or assets, and the debt borrowed from the beneficiary was accumulated, and only he thought to use the borrowed money in the repayment of the personal debt from the victim, but did not have the intent or ability to repay the borrowed money.

On September 13, 2018, the Defendant: (a) by deceiving the victim as above; (b) received KRW 18 million from the victim’s account (D) in the name of the Defendant; (c) from September 1, 2018 to January 15, 2019; and (d) received KRW 110,677,420 in total under the name of borrowed money on 49 occasions, as indicated in the list of crimes in the attached Table, by deceiving the victim as stated in the list of crimes; and (d) received delivery of KRW 18 million in total.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A complaint;

1. Application of Acts and subordinate statutes to each investigation report (including submission of a complainant, additional submission of a complainant, an original copy of the list of crimes, submission of a suspect's account and an original copy of the list of deposits, submission of the details of deposits and withdrawals, confirmation of the account holder, E in the name of the suspect, and submission of the details of deposits and withdrawals in the F Bank account

1. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) of the Criminal Act and the selection of fines for criminal facts;

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

1. The punishment of Article 334(1) of the Criminal Procedure Act Article 334(1) provides that if the criminal defendant's reason for sentencing of the provisional payment order amounts to a large amount exceeding the total of 100 million won, etc., the criminal quality of the criminal defendant is not exceptionally applied.

However, the defendant is contrary to the recognition of the crime of this case, and the victim does not want to be punished against the defendant by paying most of the acquired amount to the victim.