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(영문) 대구지방법원 서부지원 2020.02.19 2019고단3044
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

[Criminal Power] On September 7, 2018, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Daegu District Court, which became final and conclusive on February 20, 2019. On June 27, 2019, the said judgment became final and conclusive on July 5, 2019.

【Criminal Facts】

On June 2018, the Defendant accepted the proposal that “I will give money if I will escape the horse product and deliver the product” from the person who was not the name, and conspired to acquire the siren product with the person who was not the name.”

On June 2018, the Defendant made a false statement to the effect that “If he/she lends the products of the accelerator, he/she will pay in 44,800 won per month over 39 months by phone calls to the call center of the victim corporation B, a Daegu or lower-level place, and then, he/she reads the Defendant’s mobile phone to an indivating person, and on July 2018, changed the Defendant’s mobile phone name to the said mobile phone as if he/she was the Defendant, and the delivery place in currency with the employees of the victimized company.

However, in fact, the defendant only intended to receive money in return for her sirens, and there was no idea to use the above her products by sirens, and even if the products are delivered by the victimized company, there was no intention or ability to pay sirens normally.

Nevertheless, the Defendant, in collusion with the person who was not aware of his name, by deceiving the employees of the victimized company as above, and received a delivery of 1,747,200 won from the victimized company.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A report on investigation (report confirming the date of conclusion of a contract);

1. A written agreement and a detailed statement of transactions;

1. The CD (recording file);

1. Records of each judgment: Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A), investigation reports (revied crimes and confirmation of concurrent crimes under Article 37 of the Criminal Act);

1. Article 347 of the Criminal Act applicable to the crime and Article 347 of the choice of punishment.

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