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(영문) 대전지방법원천안지원 2020.10.16 2020고단1857
사기
Text

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

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

Reasons

Punishment of the crime

On March 24, 2020, the Defendant, at the “CPC bank” located in Seoan-gu, Seoan-gu, Seoan-gu, Seocheon-gu, B, written a letter “2,00 won out of KF94 large 4 large white sales,” and reported it to the victim E, who visited the victim E, “to send the Mack price to the face of remittance.”

However, as the Defendant did not have a sale Mak, the Defendant did not have the intention or ability to send Maks even if he receives the Maks from the victim.

As such, the Defendant, by deceiving the victim as such, received KRW 200,000 from the victim to the G bank account (H) in the name of F on the same day, as the sale proceeds of marina from the victim, and received KRW 540,000 from that time to April 3, 2020 by remitting the total amount of KRW 540,000 through the above method as indicated in the crime list from April 3, 202.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of E, I, J, K, and L (including data submitted by each victim attached thereto);

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the provisional payment order is that criminal fraud has been committed against many unspecified victims.

There is no circumstance that has been trying to recover damage up to now.

In the past, the defendant has been punished several times as a crime of fraud, and the suspension of the execution of imprisonment with prison labor has been two times.

This case is committed during the period of suspension of execution.

However, the defendant recognizes his mistake and is against his will.

It is difficult to see that the amount of individual damage is high.

Considering these circumstances, the sentence of punishment to the defendant is not effective, but finally, it is not effective.

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