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(영문) 대전지방법원 2020.06.25 2020고정417

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

[Criminal Power] On October 10, 2019, the Defendant was sentenced to one year of imprisonment for a crime of fraud, etc. at the Daejeon District Court, and the judgment became final and conclusive on October 13, 2019.

【Criminal Facts】

The Defendant, at the end of July 2018, known that the victim C operated by the victim C in Daejeon-gu Daejeon-gu, Daejeon-gu, had a claim of KRW 20 million against E, the Defendant stated that “The Defendant would collect the claim against E, and the Defendant would change its expenses.”

However, even if the defendant receives money from the victim, he did not have the intent or ability to collect the victim's claims, as he planned to consume game items, living expenses, etc.

Nevertheless, on August 8, 2018, the Defendant made a false statement to the victim and received KRW 500,000 from the victim a bank account in the name of the Defendant F.

In addition, from that time to October 5, 2018, the Defendant deceptioned the victim, such as the list of crimes in the attached Table, and acquired a total of KRW 8,300,000 through seven times.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Statement to C by the police;

1. A certificate of deposit, reply to a request for financial information, information on opening an account, and details of transactions;

1. A complaint;

1. Investigation report (Attachment to Judgment), investigation report ( telephone conversations of witnesses) and investigation report (E second telephone conversations);

1. A previous conviction: A report on confirmation of the absence of a disposition, Daejeon District Court Decision 2019Da1837, Daejeon District Court Decision 2019Da1837, Daejeon District Court Decision 2019No1475, Daejeon District Court Decision 2019No1475, the current status of acceptance by each individual, the absence of disposition and the report on confirmation, and the application of the Acts and subordinate statutes of Daejeon District Court Decision 2019No147

1. In addition to Article 347(1) of the Criminal Act applicable to the relevant criminal facts and Article 347(1) of the choice of punishment, where money is acquired through deception several times for the same victim in fraud, if the criminal intent is a single and the method of crime is the same, only a single comprehensive crime of fraud.