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(영문) 대전지방법원서산지원 2020.10.26 2020고정37
사기
Text

Defendant shall be punished by a fine of 1.5 million won.

When the defendant does not pay the above fine, 10,000 won shall be one day.

Reasons

Punishment of the crime

[Criminal Power] On August 22, 2019, the Defendant was sentenced to eight months from the Seosan Branch of the Daejeon District Court to commit a violation of the Military Service Act, and the said judgment became final and conclusive on August 30, 2019.

【Criminal Facts】

Around June 6, 2018, the Defendant made a false statement to the victim B as text messages, “If the Defendant borrowed KRW 2 million in the form of an advance payment from the base because the present funds are not sufficient, the Defendant would purchase the standard until June 20, 2018.”

However, even if the defendant borrowed money from the victim, he did not want to purchase and repay the standard, but did not want to do so. At the time, the defendant did not have the ability to repay the debt in the state of the debt exceeding KRW 100 million.

Nevertheless, the defendant deceivings the victim as above and received KRW 2 million from the Agricultural Cooperative Account (Account Number: D) in the name of the defendant C used on the same day from the victim.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. The prosecutor's interrogation protocol of the accused;

1. Each police statement concerning B and C;

1. B accusation;

1. E trade name pictures and letters;

1. Investigation report (Submission and report of suspect's details of Dong C Account Transactions);

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and additional evidence;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include larceny, breach of trust, and embezzlement, etc., which have a record of criminal punishment by committing property crimes on several occasions, and the damage from the instant crime has not been recovered.

However, all of the facts of the instant crime are recognized by the Defendant, and it appears that it is a crime of fraud.

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