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(영문) 전주지방법원 2020.09.24 2019고정241

사기

Text

The punishment of a defendant shall be KRW 1,000,000.

When a fine is to be paid, it shall be confined in a workhouse for ten days.

Reasons

Punishment of the crime

On August 9, 2017, the Defendant was sentenced to two months of imprisonment due to fraud, etc. at the Gwangju District Court, and the judgment became final and conclusive on October 20 of the same year.

Around April 2016, the Defendant proposed to commit a fraudulent act with D (the same day without the right of prosecution) to the effect that “I want to leave the horse in the Seo-gu Seoul metropolitan area, and then sell it through the transaction of goods.” The Defendant’s name card, core chip, physical card, etc. was changed, and thereafter offered D the name card, core chip, physical card, etc. to D.

D) Around April 18, 2016, at any place, called the call center E (hereinafter referred to as “E”) to the call center for the Defendant’s movement to a fluor, and the purport that “SM-500 (SM-500) fluor shall pay 49,500 won per monthly agreement for 39 months during the 39-month period of the Agreement.”

However, the defendant and D only attempted to withdraw the massageist in the name of the defendant and sell them as used goods transactions and divide the profits therefrom, and they did not have any intention or ability to pay sirens according to the promise.

E Around April 18, 2016, after the end of F building G (or equivalent to KRW 1,930,500 at the market price) and the Defendant received KRW 200,000 from D in return for the above nominal lending.

In collusion with this D, the Defendant acquired the victim E by deceiving the victim E in collusion.

Summary of Evidence

1. The suspect interrogation protocol of the defendant or D with the police officer;

1. A complaint filed by E;

1. Investigation report (a copy of the report on separate case) shall be accompanied by the previous report on disposition and report on the results of confirmation;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A);

1. Article 347 (1) and Article 30 of the Criminal Act, which provides for the legal provisions on crimes;

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