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(영문) 대구지방법원 포항지원 2021.02.03 2020고단1452
사기
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

1. On July 2, 2019, the Defendant against the Victim B: (a) around the street store operated by the Victim B prior to the North Korean Port on July 2, 2019, the Defendant loaned the difficulty to the Victim B as a recipient of basic living, and the Defendant would make the Victim B as a recipient of basic living in the street store operated by the Victim B prior to the North Korean Port C.

“The phrase “ was false.”

However, in fact, the defendant did not have a public official, and there was no intention or ability to select the victim as a recipient of basic living costs only because the defendant was planned to use the victim's money for living costs.

As above, the Defendant: (a) by deceiving the victim; (b) received 500,000 won in cash from the injured party on the same day; and (c) received KRW 500,000 in cash around July 21, 2019.

Accordingly, the defendant was given property by deceiving the victim.

2. The Defendant against the victim D is going to register the victim D with “1.3 million won as a recipient of a basic livelihood through a shot, open for viewing at port,” at the place described in paragraph (1) around August 2019 through the above B.

“The phrase “ was false.”

However, in fact, the defendant did not have a public official, and there was no intention or ability to select the victim as a recipient of basic living costs only because the defendant was planned to use the victim's money for living costs.

The defendant deceivingd the victim D through B as above, and around September 2, 2019, he received 1.3 million won from D through B on the same day.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the prosecution concerning D's legal statement by the defendant;

1. Statement made by the police against B;

1. Receipts:

1. Application of Acts and subordinate statutes to inquire about criminal history;

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the crime, the selection of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is zero citizens.

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