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(영문) 서울남부지방법원 2020.08.12 2020고단1352

사기

Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

On April 24, 2019, the Defendant called the victim B by phoneing to the victim B at a non-permanent place in Guro-gu Seoul Metropolitan Government (hereinafter referred to as "the head of the household has to be a director, and the head of the household has not deducted the security deposit so that the head of the household does not enter the house now, and the head of the household does not enter the house. In short, the Defendant made a false statement to the effect that, if the security deposit is urgently needed, the Defendant would receive the deposit from the owner of the house up to April 29, 2019, with the deposit deposited up to 20 million won."

However, the Defendant received all deposits from the owner of the house at the time of the instant case from the owner of the house and used them in another place, and there was no special property or regular profit, so even if borrowed money from the victim, the Defendant did not have the intent or ability to repay it normally.

As above, the Defendant deceivings the victim as above, and acquired 20 million won from the victim through C bank account (E) in the name of C, which is named as the borrowed money from the victim on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. B accusation;

1. Investigation report by the prosecution (to hear reports on the victim B telephone statements);

1. Police investigation report (victim B telephone communications);

1. Application of Acts and subordinate statutes on details of transfers;

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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order shall be taken into account in favor of the defendant that the defendant recognized the crime and appears to reflect his attitude, that part of the victim has been discharged, and that there was no record of punishment for the same crime.

The above-mentioned circumstances and the defendant's age, character and conduct, environment, criminal records, and circumstances after crimes, etc. shall be determined as the same as the disposition, in consideration of all the circumstances regarding the sentencing prescribed in Article 51 of the Criminal Act.