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(영문) 대구지방법원 2020.10.22 2020고정1220

사기

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

Defendant

A and the complainant B are persons interested in the same kind of household affairs who had worked in the Dart in Daegu Dong-gu C.

On September 21, 2017, the Defendant made a false statement to the complainant stating, “If it is necessary to pay money to the complainant in order not to hedge the South-Nam-gu, and if it lends money to the complainant for fraud of mobile phone charges, taxes, public charges, and daily necessities, it would have the parent’s house repaid as security.”

However, the defendant did not have the intent or ability to pay the borrowed money and the credit amount to the complainant even if he borrowed money from the complainant or took the raw material on credit.

On September 21, 2017, the Defendant received 380,000 won from the complainant on September 21, 2017, as shown in the “Crimes List”, including that the Defendant received from the complainant a deposit of KRW 380,00 from the E F bank G account.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the original copy of each police statement of the police as to B, the certificate of subrogation, the investigation report of the certificate of subrogation (Attachment of materials submitted by the complainant), and the investigation report (specific relation

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

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;