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(영문) 대구지방법원 2019.09.25 2019고정844

사기

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The Defendant, who was engaged in delivery service at the “D” restaurant operated by the victim C(38 years of age) located in Daegu-gu, Daegu-gu, as a person who was engaged in delivery service on a daily basis. In fact, even if having borrowed money from the victim, the Defendant, despite having no intention or ability to pay the money, acquired a total of one million won from the victim on three occasions as

1. On August 1, 2018, the Defendant, at the above restaurant, made a false statement to the victim stating that “I would pay money immediately if I lend money,” and received money from the victim from the victim to the EKakao Bank Account (F)’s mother’s account.

2. On August 4, 2018, the Defendant made a false statement at the same place stating that “If a person lends money to him/her, he/she would be repaid immediately,” and received 300,000 won from the victim to the said account as a loan.

3. On August 6, 2018, the Defendant, at the same place, made a false statement to the victim stating that “A person shall pay 200,000 won to the victim in a lump sum, if he/she borrowed money at the last time,” and received a remittance from the victim to the said account as the borrowed money.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police statements made to C (including certificates, etc. of results of electronic financial transfer attached thereto);

1. Article 347 (1) of the Criminal Act, inclusive, with regard to applicable Articles of the Act and the choice of punishment for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Although the defendant's reasons for sentencing under Article 334 (1) of the Criminal Procedure Act stated that he/she has no ability to pay a fine on his/her own as he/she was sentenced to a separate sentence, considering the fact that he/she was unable to pay a fine on his/her own without justifiable grounds during the investigation process, the fact that he/she has not been able to pay a fine on his/her own, that he/she has not yet been able to pay the amount of