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(영문) 춘천지방법원 2021.02.16 2020고단1317
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

Since the defendant is led to confession, he/she must make an additional statement on the same part as that of the evidence for reinforcement in the same way as “(see, e.g., the page of evidence record).”

Based on evidence, the prosecutor's facts charged are modified to the extent that it does not adversely affect the defendant's right of defense and actually affect the contents of the facts charged, and it does not result in the change of the subject of the trial by the court.

The Defendant was sentenced to one year of imprisonment for occupational embezzlement at the Chuncheon District Court on February 17, 2016 (see, e.g., evidence record No. 142), and the judgment became final and conclusive on April 15, 2016, and ② on June 24, 2020 (see, e.g., evidence No. 125), the Defendant was sentenced to eight months of imprisonment for fraud at the Chuncheon District Court on December 1, 2020 (see, e.g., 2020 order No. 232), and on December 23, 2021, the date on which the Defendant’s execution of sentence became final and conclusive, and the Defendant’s order on February 23, 2021 (see, e.g., evidence No. 135, Dec. 14, 2020).

The amount of 20,000,000 won shall be distributed to the Gu unit as much as the investment has been made, and if the collection of the principal is requested at any time, it may be returned.

The phrase “ makes a false statement.”

However, in fact, the defendant did not have the intent or ability to secure the aggregate extraction business, and there was only a plan to use the money received from the injured party as the defendant's debt repayment or cost of living.

Defendant deceiving the victim as above and acquired 20,000,000 won from June 5, 2015 (see, e.g., evidence record No. 103) to G bank accounts (number: H) in the name of F that the Defendant himself designated.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement with D 1.

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