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(영문) 수원지방법원 성남지원 2021.01.15 2020고단3148

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

[criminal records] On March 24, 2017, the Defendant was sentenced to eight months of imprisonment for fraud, etc. at the Incheon District Court, and the judgment became final and conclusive on April 1, 2017.

[2] On November 25, 2016, the Defendant was indicted by the Incheon District Court on November 25, 2016 and was detained in the Incheon Detention House due to the fact that the Defendant acquired 6,480,000 won by defraudation to B, and was detained in the Incheon Detention House on January 23, 2017

At the interview room of the Incheon detention center located in 30, the victim C made a false statement to the victim C, “I would like to pay 300 million won to a corporation in which the inside body is located, and if released, I would like to pay 68 million won in lieu of the payment to B, thereby allowing the criminal agreement.”

However, the defendant did not have KRW 300 million at the time, and even if the victim paid the agreed amount on behalf of the defendant, he did not have the intention or ability to pay immediately after the release.

Nevertheless, the defendant deceiving the victim as above, paid KRW 5 million to B on the same day, paid KRW 2,00,000 to B as the victim's right, and made the victim establish the right to collateral security of KRW 18,00,000 to D Apartment E in Yang-si owned by the victim, and on March 8, 2017, the defendant additionally set up the right to collateral security of KRW 45,00,000 as the person who is the right to collateral security of the above apartment building B as the person who is the right to collateral security.

Accordingly, the Defendant, by deceiving the victim, acquired the pecuniary benefits of 68 million won.

Summary of Evidence

1. Full statement of the defendant in the court (as at the second public trial date) F of the police statement protocol for C with respect to the defendant's legal statement (as at the second public trial date), certificate for each written confirmation prepared B, and investigation report on the

1. Previous convictions in judgment: Application of inquiry letter, such as criminal history (A), and the text of the judgment;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the criminal defendant's fraud, etc.