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(영문) 서울중앙지방법원 2020.06.25 2019고단7427

사기

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Around March 2017, the Defendant stated that “A victim B (the 74-year-old-old-old-old-old-old-old-old-old-old-old-old-gu office located in the off-dong-gu Seoul Special Metropolitan City, purchased a large amount of money from the east-gu office and supplied a large amount of money to the east-gu office in Seoul Special Metropolitan City may bring profit to the Defendant. It is possible to pay money more than the principal, and the Defendant shall pay money more than three times within one month, and the amount of money exceeding 20% will return the principal.”

However, in fact, the defendant purchased scoo coops in wholesale and planned to sell them at retail to Seoul Specialized cafeteria, but failed to secure the initial fund of 200 million won, and there was no intention or ability to pay the principal and the profits to the victim within one month due to no special revenue as a basic living beneficiary.

The Defendant, by deceiving such a victim, received a total of KRW 35 million from March 6, 2017 to March 24, 2017, as shown in the attached Table of Crimes, and acquired a total of KRW 10,55 million from March 6, 2017.

Summary of Evidence

1. Statement of the accused in the second protocol of trial;

1. Statements made by witnesses B in the second protocol of the trial;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning B;

1. Application of each statute on a loan certificate;

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

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act, which has a large number of criminal records against the defendant, and the nature of the crime is poor due to recidivism during the period of repeated crime due to the same crime.

However, after the conclusion of the pleadings in this case, the victim did not want the punishment of the defendant, and considering the fact that the defendant's wife is currently serving in custody, etc., the records and arguments in this case, such as the content and form of the crime in this case, and the circumstances before and after the crime, are revealed.