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(영문) 대구지방법원 김천지원 2020.04.23 2020고정38
사기
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

[Criminal Power] On September 17, 2019, the Defendant was sentenced to a suspended sentence of three years for a period of one year and four months for fraud, etc. at the Daegu District Court, which became final and conclusive on September 25, 2019, but the said suspended sentence was revoked on January 28, 202.

【Criminal Facts】

On January 31, 2019, the Defendant stated that “Burel” around the Daejeon Terminal is false to the victim C, “I will complete payment up to February 18, 2019 if I wish to pay money to the Customer on behalf of the Customer, while I wish to operate the main business in Daegu.”

However, the Defendant did not engage in the original business at the time and planned to use the money borrowed from the victim as living expenses, etc. In addition, the Defendant did not pay the loan to the lending company, such as D at the time and did not have any particular property or income. Therefore, even if the Defendant borrowed the above money from the victim, there was no intention or ability to pay it by the agreed date.

Nevertheless, as above, the Defendant, by deceiving the victim and forcing the victim to remit 60,000 won to the EF account on the same day, and acquired a total of eight times from that to February 13, 2019, 19,50,000 won through a total of eight times, such as the list of crimes in the attached list.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A specification of transactions, a certificate of borrowing;

1. Criminal records as stated in the judgment: Criminal records, inquiry reports on criminal records, judgments, contents of each case, and application of Acts and subordinate statutes;

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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