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(영문) 창원지방법원마산지원 2020.11.17 2020고정285
사기
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On March 19, 2019, the Defendant sold 7 ambling 7 Bans to the victim C in front of the water-saving greenhouse located in the Sinnam-gun Village B, Gyeongnam-gun, and the Defendant stated that “When the money for the farming of the land is insufficient, if the money for the farming of the land is lent to the victim, it would be repaid to the next ambling.”

However, the above gambling is owned by D in a de facto marital relationship with the defendant, and even if the defendant does not have the right to dispose of the money, the defendant did not have the intention or ability to supply the money cultivated by the victim.

As above, the Defendant, by deceiving the victim, received KRW 10 million from the victim to the Agricultural Cooperative Account (E) around March 27, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Details of the D account;

1. A report on investigation (Attachment of a record), a record in the currency with the suspect;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of a credit inquiry report), credit inquiry report, and credit inquiry report;

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

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines of 50,000 to 20 million won;

2. Non-application of the sentencing criteria: Non-application of the sentencing criteria by selecting fines;

3. Opinions of the public prosecutor: Fines of four million won;

4. The Defendant, as if he were to supply a handbling, by deceiving the victim to borrow KRW 10 million from the victim.

The damage was not recovered, and the victim was not able to receive a letter from the victim.

However, the defendant recognizes the crime.

The amount of damage is not relatively significant.

The Defendant is an initial offender who has no criminal record.

In addition, in full view of the defendant's age, character and conduct, environment, relationship with the victim, motive, means and consequence of the crime, and all the sentencing conditions shown in the arguments, the amount of fine prescribed in the summary order is appropriate.

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