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(영문) 서울북부지방법원 2018.11.23 2018고단2576
사기
Text

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

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

Reasons

Punishment of the crime

On March 22, 2018, the Defendant sent a phone call to the victim C, who was introduced through the branch on March 2, 2018, saying, “If the Defendant provided the head of the KT Call Center with the knowledge of the head of the KT Call Center, thereby allowing the employees of the KT Call Center to engage in health food sales business.”

However, the defendant did not know the head of the KT Call Center and did not have any intention or ability to allow the victim to engage in health food sales business against the employees of the KT Call Center and other groups.

The defendant deceivings the victim as above and acquired 2 million won as an allowance for prepaid sales from the victim to the agricultural bank account under the name of the defendant on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A report on investigation (Submission of evidential materials of a victim);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes on investigation report (verification of completion of sentence execution);

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The criminal procedure of the provisional payment order has a record of being punished several times as a crime of fraud due to a crime of the same kind of punishment for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, the nature of the crime of this case is not good in that the crime of this case was committed during the same repeated crime period, but the victim has paid and agreed to pay KRW 2 million to the victim, and all of the sentencing conditions specified in Article 51 of the Criminal Procedure Act as stated in the record shall be determined as per the order

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