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Punishment of the defendant shall be 2,00,000 won.
When a fine is to be paid, it shall be confined in a workhouse for 20 days.
Reasons
Punishment of the crime
1. On December 1, 2017, the Defendant told C to the effect that “I would bring about the necessary typists by issuing the U.S. coefficient Mark” in D operated by C in the forest room B of the former North Korea.
C. From December 6, 2017 to December 1, 2017, Chapter II of the household check of KRW 5 million from D to December 6, 2017: E, payment date: May 30, 2018;
2. Check number: F, payment date, March 30, 2018) was given to the Defendant. However, even if the Defendant intended to use the provisional coefficient tag received as living expenses, etc., the Defendant did not have any intent or ability to supply a third party to C even upon receiving the coefficient tag. The Defendant obtained two copies of the household check by deceiving the victim C. On June 6, 2019, the Defendant sold the two copies of the household check by deceiving Jindong-gu Seoul Special Metropolitan City, Jindong-gu, Seoul Special Metropolitan City, to C by telephone, and the Defendant said, “I would bring 12R if he transfers KRW 560,000 to another seller.” On the same day, C believed the horses and remitted KRW 560,000 to the Defendant’s account under the name of the Defendant (Seoul AFF).
However, the defendant only intended to use the money as living expenses and did not have the intention or ability to supply C with the money even if he received the money.
The defendant, by deceiving the victim C, obtained 560,00 won.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Application of Acts and subordinate statutes to investigation reports (related to telephone conversations for reference H);
1. Article 347 (1) of the Criminal Act, which provides for the legal provisions of criminal facts;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
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;