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(영문) 전주지방법원 군산지원 2020.03.18 2019고정293

사기

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On November 28, 2018, the Defendant was sentenced to imprisonment with prison labor and six months at the Jeonju District Court for fraud, etc., and the judgment became final and conclusive on December 11, 2018.

1. On March 22, 2018, the Defendant concluded that “A” office located in the Gunsan-si B would accept the 6.2 million won Skidr and send it to the victim D by March 24, 2018.”

However, the defendant did not have the intention or ability to look at it in a normal state by accepting a serious skid's identity.

Nevertheless, the Defendant, by deceiving such deception, received 6.2 million won from the victim to the E-registered community credit cooperatives F account.

2. On March 27, 2018, the Defendant received a second skid's skid's skid's skid's skid's skid's skid's skid's skid's request to refund 6,200,000 won.

However, the Defendant had no intention or ability to refund the price of the goods from the beginning.

Nevertheless, the defendant, by deceiving the victim as such, has been returned to the 6.2 million won of the 6.2 million won of the victim, and did not refund the price to the skid's.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G and D;

1. A transcript of complaint, text message, investigation report (written submission of a complainant), recording;

1. Records before and after judgments: Criminal records, reply reports (A), investigation reports (verification of the same criminal records - judgment, etc.) and the application of Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

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

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;