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(영문) 서울북부지방법원 2019.09.19 2019고단1998
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

On August 19, 2018, the Defendant stated that the victim C was refused to enter Korea through the Jeju Airport where the victim's mother's mother was born from the victim C in the Defendant's residence located in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, and thus, the Defendant was called as "the Defendant would allow the victim to enter Korea at the time of entry and departure of KRW 3 million.0 million."

However, even if the defendant receives money from the victim, he did not have the intention or ability to enter the victim's mother.

Nevertheless, the Defendant, by deceiving the victim as above, received 1.5 million won from the victim to the account of community credit cooperatives (E) in the name of D on August 20, 2018, and acquired it by fraud.

Summary of Evidence

1. Entry of the defendant in court statements;

1. Statement to C by the police;

1. Application of internal investigation reports (attached documents, such as the conversation between the internal investigation and the victim's message messages), the details of dialogue between the internal investigation and the victim's message, and the detailed statement of transactions using cash instruments to the Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Selection of a fine for selective punishment (in light of the fact that the defendant committed the crime of this case during the period of repeated crime due to the same criminal act, it is necessary to punish the defendant strictly: Provided, That the defendant agreed with the victim, and the defendant was issued a summary order of KRW 5 million on April 26, 2019 due to the fraudulent act committed around August 2018. However, the crime of this case was likely to be prosecuted together with the fraudulent act for which the above summary order was issued, but it was not possible to punish the defendant, instead of imprisonment, considering the fact that the crime of this case was committed together with the fraudulent act for which the above summary order was issued, etc.

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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