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(영문) 인천지방법원 2020.12.03 2020고정446 (1)
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

B was known as a person who escaped from May 2008 and entered Korea in 2009, and the defendant was known as a person who entered Korea on August 12, 2012 and entered Korea on January 3, 2014, who living together with each other, and who works outside the North Korean Brer (North Korean Brer).

B on November 2017, 2017, after having a telephone conversation, asked whether the victim C, a North Korean citizen, could take care of the mother whose two robbery is dissolved, and “The mother in North Korea may take care of the mother in North Korea,” and made a false statement that “The mother in North Korea will first put 2 million won up for the start money for a period of one year.”

However, even after receiving the above money, B did not have any intention or ability to move back to South Korea the mother of the victim in North Korea.

B received 2 million won from the victim to the Korean bank account (D) of the defendant.

On August 8, 2018, the Defendant continued to have telephone conversationsd around August 8, 2018, and there is no money now in China, and thus no mobile phone fee is available. If there is a lot of telephone calls on the north side and China side, it is difficult to use more than one million won, and the Defendant was issued KRW 1 million from the victim to the bank account (D) of the Defendant.

As a result, the Defendant was jointly issued KRW 3 million from the victim two times in conjunction with the victim B.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to the details of deposit transactions, such as a report on investigation into the complaint (the details of the victim's submission of Kakax and text attached), a statement of deposit transactions, entry and departure records (B, A), Kax dialogue, etc

1. Article 347 (1) and Article 30 of the Criminal Act that applies to the relevant criminal facts, the choice of punishment, and the selection of fines;

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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