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(영문) 대구지방법원 2020.05.26 2020고정186

사기

Text

Defendant shall be punished by a fine of KRW 900,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On September 11, 2019, the Defendant was sentenced to one year of imprisonment for a crime of fraud in Daegu District Court and racing support, and the said judgment became final and conclusive on October 4, 2019. On November 6, 2019, the Daegu District Court sentenced three months of imprisonment for a crime of violating the Electronic Financial Transactions Act by the said judgment became final and conclusive on November 14, 2019.

On March 22, 2019, the Defendant: (a) sent a phone call to the Victim B Co., Ltd.; and (b) demanded an employee in charge of flasing a siren of KRW 89,500 per month as if he would normally pay for 39 months; and (c) demanded a siren of “Calma”.

However, the defendant did not have the intention or ability to pay sirens normally even if he leaves the massage.

Around April 3, 2019, the Defendant, by deceiving the damaged company, obtained 3,490,500 salvists from the victimized company in Osan-si D and acquired 3,490,500 salvists from the victimized company as a siren.

Summary of Evidence

1. Statement by the defendant in court;

1. Complaints, sirens written agreement, written confirmation of establishment, and police statement to E;

1. Investigation report (the details of confirmation of the complainant company);

1. Previous records of judgment: Criminal records, previous records of dispositions and results of confirmation (No. 10, 12 No. 10, 12) and application of each statute of judgment;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;