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(영문) 제주지방법원 2020.02.06 2019고단2239

Defendant shall be punished by a fine of KRW 5,000,000.

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


Punishment of the crime

On July 1018, 2018, the Defendant: (a) called “the ownership in the Hanbong-gu orchard equivalent to 4,000 square meters to C; (b) the end of December in the next year; and (c) the rent of 28 million won in January in the next year; and (d) the Defendant continued to run a typhoon with a typhoon around July 10, 2018, requiring an excessive water supply and water supply cost.

3 million won out of the rent shall be forwarded first.

The phrase “assumed.”

However, in fact, the Defendant did not have an orchard, and even if he received money from the victim, he did not have the intention or ability to lease the orchard, even if he did not receive money from the victim with the intent to use the personal debt repayment amounting to KRW 17 million, overdue tax payment, mother hospital expenses, living expenses, and vehicle purchase expenses.

Around July 10, 2018, the Defendant, by deceiving the victim as above, received 3 million won from the victim to the Agricultural Cooperative (D) account under the name of the Defendant, and acquired 388 million won in total on 12 occasions from around that time to December 14, 2018, as shown in the attached crime list.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. Application of Acts and subordinate statutes governing tax collection, such as the head of a complaint, detailed statement of deposit transactions, investigation report (Attachment of Credit Information Binding Force), response to a request for cooperation in investigation, credit information history, deposit transaction records, deposit transaction statement, E vehicle photographs, investigation reports (investigation of a suspect's purchased vehicle), vehicle comprehensive tax matters, investigation reports (Binding of suspect data), and tax collection details

1. Article 347 (1) of the Criminal Act and the selection of fines concerning the facts constituting an offense;

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

1. The crime of this case on the ground of sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order is the crime of this case where the defendant, while not having an orchard, acquired by deceiving 38,80,000 won by deceiving it as if the defendant did not possess an orchard, and the form and quality of the crime are not good.

(b) a victim;