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(영문) 전주지방법원군산지원 2020.10.14 2020고정227
사기
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

1. On February 23, 2020, the Defendant, on the part of the victim B, posted a false statement to the effect that he sent the Masck with access to the Defendant’s cell phone Nos. c apartment D, which is the Defendant’s residence, sold 50 Masck 50, and deposited the above money to the victim who reported it. However, the Defendant did not have the Masck at the time and did not have the intent or ability to send the Masck with the intent to use it as living expenses even if he received the money from the victim.

After all, the Defendant, by deceiving the victim as such, received KRW 100,000 from the victim to the Kakao Bank Account (F) under the name of the defendant for the sales proceeds of Makk Bank on the same day.

2. On February 23, 2020, the Defendant received 104,000 won from the victim’s bank account in the name of the Defendant (F) for the same day as the sales proceeds of Maskak on the same day from the victim’s false statement to the victim in the same manner as in paragraphs (1) and (1).

Summary of Evidence

1. Defendant's legal statement;

1. A written statement in B and G;

1. Application of the provisions of Acts and subordinate statutes on the transfer of funds;

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

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant recognized the crime of this case and reflects it, and that the defendant recovered the victims' damage.

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