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(영문) 대구지방법원포항지원 2020.08.13 2019고정257
사기
Text

The sentence against the accused shall be determined by a fine of KRW 1,00,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

[criminal power] On December 12, 2019, the Defendant was sentenced to a suspended sentence of two years for a period of six months for fraud in the Daegu District Court's Sung Branch Branch of the same month, and the judgment was finalized on the 20th of the same month. On January 7, 2020, the Defendant was sentenced to a suspended sentence of two years for six months for a criminal offense in the Youngcheon District Court's Young Branch of the Chuncheon District Court's Young Branch of the same month. The judgment

【Criminal Facts】

The defendant, around 14:00 on September 3, 2018, operated by the victim C in Gyeonggi-gun Group B, the defendant will work as the victim's face-to-face, '4 million won' or '4 million won' or 'employee.

The term "the expression was false."

However, in fact, the defendant did not intend to provide labor to the victim, and there was no intention or ability to pay the victim, even if he received the money from the victim.

The defendant received KRW 4 million from the victim to the Agricultural Cooperative Account (Account Number:F) in the name of No. 3, a parent of the defendant, under the name of the victim's in advance on the same day.

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

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. A complaint;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (verification of suspect's same kind of records, etc.), previous records of disposition, results of confirmation, and application of Acts and subordinate statutes;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Selection of Fine;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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