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(영문) 수원지방법원 2019.10.17 2019고정1142
사기
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

1. On March 16, 2017, the Defendant made a false statement to the victim B, who had a dump in a dump and a dump in a place where the address is unknown, and that “A dump and a dump dump is so low that the borrower deposits KRW 3 million as a down payment to the borrower C.”

However, in fact, the defendant did not purchase dump vehicles, but intended to transfer money to the victim for his own gambling fund and repayment of debts, and C was not the borrower but the defendant's fump.

Nevertheless, on March 17, 2017, the Defendant received three million won from the victim to the deposit account in the name of C around March 17, 2017.

Accordingly, the defendant was given property by deceiving the victim.

2. On March 17, 2017, the Defendant sent a phone call to the victim, and made a false statement that “A dump car purchase requires an additional amount of KRW 3.9 million to D accounts as 3.9 million is required.”

However, the defendant was not for purchasing dump vehicles, but for his own gambling funds and debt repayment purposes, to transfer money to the victim.

Nevertheless, on March 17, 2017, the Defendant received 3.9 million won from the victim to the deposit account in the name of D around March 17, 2017.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. B accusation;

1. Application of Acts and subordinate statutes on notarial deeds;

1. Article 347 (1) of the Criminal Act and Article 347 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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