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(영문) 서울중앙지방법원 2020.01.08 2019고단7880
사기
Text

Defendant shall be punished by a fine of eight million won.

If the above fine is not paid, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

Around September 10, 2018, the Defendant, in Gangnam-gu Seoul, stated that “A victim D is running a siren business with four current high-quality imported vehicles, and a fund is needed to secure a siren vehicle due to a shortage of vehicles.” The Defendant made a false statement to the effect that “I will pay the principal amount of KRW 100,000,000 won or more per month.”

However, at the time of fact, the defendant did not operate a siren business, and the defendant thought to use the money for the repayment of personal debt from the victim, and there was no intention or ability to give the principal and profit to the victim.

Nevertheless, the Defendant, by deceiving the victim as above, and deceiving it from the victim as investment money, was KRW 9 million around September 11, 2018, and the same year.

9. Around 19.1, 19.1, 4 million won was remitted to the Korean bank account (E) in the name of the defendant and acquired the total amount of KRW 13 million.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. A criminal investigation report (Analysis of details of seizure, such as details of transactions in the account), a criminal investigation report (tangibles, analysis of accounts of a suspect), a criminal investigation report (tangibles, analysis of accounts of a suspect), delivery documents, and a criminal investigation report (account analysis);

1. Previous records of judgment: Criminal history records, investigation reports (verification of the fact related to repeated crimes against A), previous records of disposition, and reporting results of confirmation (A) shall be applied;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, committed the instant crime during the period of repeated crime, which is approximately KRW 40,000,000 after having been sentenced to six months of imprisonment for embezzlement in 2017.

The circumstances after crimes are not good, such as issuance of arrest warrant by failing to attend the request of the investigative agency for appearance.

However, the defendant recognizes his mistake.

A consent shall be made with the victim.

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