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(영문) 광주지방법원 2021.02.04 2020고단4041

사기

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

[criminal history] On May 30, 2018, the Defendant was sentenced to six months of imprisonment for a violation of the Road Traffic Act (drinking driving) at the Gwangju District Court on March 29, 2019 and completed the execution of the said sentence.

[Criminal facts] The Defendant is a person engaged in agriculture, and the victim B entered a contract with the Defendant through a farming cooperative as a borrower who entered a vehicle into a farming cooperative.

On August 16, 2019, the Defendant made telephone conversations at a place where he was unaware of the place on August 16, 2019, and paid the transport charges to D, who is the husband of the victim, by calculating the transport charges to KRW 350,00 on the face of the week from Jindo-do.

The phrase “ makes a false statement.”

However, the defendant did not have certain income and there is no special property so that the victim did not have the intention or ability to pay the transportation fee according to the agreement even if the victim moves the retirement fee to the designated place.

The Defendant: (a) by deceiving the victim as above and being provided three times from the victim to E on August 16, 2019; (b) from then on September 17, 2019, the Defendant received a total of 76 times the transport of retirement expenses from the victim; and (c) obtained financial benefits equivalent to KRW 26.6 million in total from September 17, 2019.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to B or D;

1. Data on the station, including details of transportation routes and transactions;

1. Application of Acts and subordinate statutes on inquiry and response regarding credit information;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (a comprehensive determination of fines);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant committed the instant crime, such as committing the instant crime, even though he/she is in a repeated crime period. However, although the Defendant is recognized as committing the instant crime, he/she is against the Defendant, and the Defendant only agreed with the victim.