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(영문) 제주지방법원 2020.08.14 2019고단1805
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

When the Defendant came to know of the contact point of the victim C (a person, 53 years old), the Defendant, using circumstances that are difficult for the situation of the victim, sent money to the victim as if he had a lot of money and made a false statement that he would give money to the victim, and prepare a place for directors, thereby having a sexual intercourse with the victim.

At around 00:00 on March 29, 2019, the Defendant: (a) viewed the name of “E Representative F” to the victim at a dan Dok-si in Jeju Island; and (b) took place as if he was F and a large amount of money, as if he were the victim, and, (c) read, “In the case of a vagach sex relationship, 10 million won will be given; and (d) there is a building in the front of the Hat-gu in G, and live in the middle of the Hat-gu in the studio.”

However, the defendant is only 20 million to 3 million won per month for a person booming in a farming house, not for a marina building in possession, and even if there is no old-type building in possession, the victim is paid 10 million won to the victim and there was no intention or ability to prepare a place for directors.

Nevertheless, the Defendant, by deceiving the victim as above, did not know the amount of money that he had sexual intercourse with the victim at the Iel at the time of Jeju, thereby acquiring economic benefits equivalent to the same amount of money.

Summary of Evidence

1. Statement of the suspect interrogation protocol on the accused prepared by the police;

1. Statement made by the police in C (tentative name) of the statement;

1. A statement of stenographic records in relation to C (tentative name) of the K set up by the Justice of the J;

1. Entry in a complaint filed by C (tentative) preparation;

1. Application of each of the related visual Acts and subordinate statutes;

1. The relevant legal provisions on criminal facts and the reasons for sentencing of Article 347(1) of the Criminal Act for the choice of imprisonment [the scope of punishment under law] 1 month to 10 years [the decision of imprisonment] criminal punishment ] fraud crime, general fraud, 1 type (less than 100 million won) [the scope of recommending punishment] basic area, 6 months to 1 year and 6 months [the suspension of execution] of imprisonment ] negative reasons:

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