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(영문) 수원지방법원 2020.10.08 2020고정1178
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The court shall correct ex officio some of the facts charged to the extent that the identity of the facts charged is recognized based on the evidence duly adopted and investigated, and it does not disadvantage the defendant's defense right.

On September 24, 2019, the Defendant was sentenced to imprisonment with prison labor for one year and six months for fraud in the Sungnam Branch of Suwon District Court on September 24, 2019, and the said judgment became final and conclusive on October 11, 2019.

On February 13, 2019, the Defendant made a false statement to the effect that “C would make an investment in the Republic of Korea only with the machinery necessary for the fishing era factory in Incheon. Therefore, if the Defendant lent KRW 20 million to the Seo-gu, Seo-gu, Seo-gu, Daejeon, to the effect that “C would make an investment in the Republic of Korea.”

However, in fact, the vehicle that the defendant provided as security was the vehicle owned by the rental car company, and the defendant was in excess of his/her obligation at the time, so even if he/she borrowed money from the victim, he/she did not have an intention or ability to pay it within

As above, the Defendant deceivings the victim, and acquired 20 million won from the victim, thereby deceiving the victim.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning B;

1. Previous records on the issuance of notarial deeds, certificates of cashier's name, certificates of cashier's name number, and copies of delegation of vehicles: Application of criminal history records, inquiry reports, investigation reports (verification of the same type A of suspect);

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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