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(영문) 광주지방법원 2020.02.14 2019고단5316
사기
Text

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

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

Reasons

Punishment of the crime

The defendant and the victim B came to know through hosting around September 22, 2018, and the defendant was working as an elementary school teacher.

On October 17, 2018, the Defendant called “A contact with the victim as C” and called “D, a school club fee, may be leased only KRW 3 million. When sending the money, it shall be delivered to D, and the money shall be repaid in full.”

However, the defendant was not an elementary school teacher, and the defendant was merely willing to borrow money due to his/her necessity of living expenses, and was false that he/she would lend money to D who is a workplace partner. The defendant did not have any particular income or property, and even if he/she borrowed money from the victim, he/she did not have any intention or ability to repay it.

Nevertheless, on October 17, 2018, the Defendant, by deceiving the victim as above, received three million won from the victim to the corporate bank account under the name of the Defendant and acquired it by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Details of conversation;

1. Application of Acts and subordinate statutes on the details of passbook transactions and account transactions;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Selection of an alternative fine for punishment;

1. The sentencing of Articles 70(1) and 69(2) of the Criminal Act with the consent of the victim of the Trade Union and Labor Relations Inducement Act is based on the following factors: (a) the victim is the prior wife of the defendant; (b) the victim has no criminal record; (c) the recognition of and reflects on the crime; and (d) the defendant’s age, character and conduct, family environment, motive and circumstance of the crime; and (b) the conditions of the sentencing specified in the oral argument

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