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(영문) 대구지방법원 서부지원 2020.06.09 2019고정419

사기

Text

1. The defendant shall be punished by a fine of four million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

On September 7, 2018, the Defendant was sentenced to imprisonment with prison labor and two months for embezzlement, etc. in the Western District Court Branch Branch of the Daegu District Court, and the judgment became final and conclusive on December 8, 2018.

On November 13, 2016, at around 15:00, the Defendant stated that “the Defendant would sell a senior list of the victims D, who are in the company located in the company located in the company located in the company located in the company located in the company located in the company located in the company located in the company located in the company located in the company located in the company located in the company located in the North Korean territory.”

However, the defendant did not have the authority to dispose of the above list.

Nevertheless, on November 16, 2016, the Defendant, by deceiving the victim on November 16, 2016, acquired 2 million won of the down payment of KRW 6 million in the title of G through the Daegu bank account in the name of G.

Summary of Evidence

1. Partial statement of the police interrogation protocol of the accused;

2. Statement made by the police against D;

3. Investigation report (or investigation as a counter to H).

4. Previous records of judgment: Results of the search of cases bound in the records of public trial and the application of two copies of the judgment.

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

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

3. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse.

4. Article 334 (1) of the Criminal Procedure Act.