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(영문) 수원지방법원 여주지원 2020.04.20 2020고정31

사기

Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

around May 2, 2019, the Defendant stated to the effect that “The Defendant was 60,000,000 won in the physical card to the victim B, who was a prisoner in prison, at the Daegu prison located in the Daegu-gun,” and that “the Defendant would pay KRW 2,00,000 at the face value of face value of face value of face value of face value of face value of face value of face value of face value of face value of face value of face value of face value of face value of face value of face value of face value of face value of face value of face value of face value of face value of face value of face value of face value of face value of face value of face value of face value of face value of face value.” On May 16, 2019, the Defendant stated that “the victim, who was released from the Daegu prison room, was kept in custody with face value of KRW 300,

However, there was no balance in the above defendant's physical card, and even if the defendant received the custody money, goods, or assistance from the victim, there was no intention or ability to reduce the amount of the charge to the victim.

Around May 16, 2019, the Defendant, by deceiving the victim as above, received the amount equivalent to KRW 300,000 and KRW 49,980 of the goods kept in custody from the victim. Around May 22, 2019, the Defendant received the amount equivalent to KRW 49,490 of the goods and acquired a total of KRW 399,470.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (compact of civil petition documents submitted by victim B);

1. Investigation report (Binding into the ledger of deposits held by suspects);

1. Application of Acts and subordinate statutes to investigation reports (componating details of purchase by period of a suspect);

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;