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(영문) 청주지방법원 제천지원 2019.10.17 2019고정42

사기

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On December 5, 2017, the Defendant made a false statement to the victim B apartment C, which was located in Yongsan-gu, that “If the Defendant would pay the construction cost of KRW 13.2 million, the Defendant would have the apartment interior construction work executed until December 25, 2017.”

However, even if the defendant receives the construction cost from the victim, he only thought that he will use it as money for gambling, and he did not have the intention or ability to carry out the interior work.

Ultimately, the Defendant, at the end of the foregoing false statement, was a post office account under the name of Dong E used by the Defendant from the victim to December 7, 2017, and the same month.

8. The 5 million won and the sum of 10 million won were remitted and acquired by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written estimate, certificate of transfer, printed out text messages, and a copy of a detailed statement of currency;

1. Application of investigation reports (F telephone conversations for reference) and investigation reports ( telephone conversations for reference G telephone communications);

1. Article 347(1) of the Criminal Act applicable to the relevant criminal facts and Article 347(1) of the choice of punishment (generally, choice of fines);

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;