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(영문) 광주지방법원 2020.11.26 2020고단4272
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On February 18, 2019, the Defendant made a false statement to the victim D, a member of the community, who was aware of the usual community at the C office located in Young-gun, Young-gun, Young-gu, Seoul, stating that “A person who wishes to marry to marry is in need of paying a restaurant material cost. If the mother borrowed money, the mother would have purchased the apartment with the money and would have paid the money in full.”

However, at the time, the Defendant was in an economically difficult situation, such as living in the towing vehicle C with monthly salary, and the mother did not have any intention or ability to repay even if she borrowed money from the victim because she did not have to pay 400 million won with the marriage fund.

On February 18, 2019, the Defendant received 300,000 won from the victim to the post office account in the name of E in which the Defendant was dead.

In addition, from around that time to March 15, 2019, the Defendant made a false statement to the victim 19 times in total, such as the statement in the annexed crime list, and received from the victim the sum of KRW 1,686,00 from the victim in cash or transferred from the post office account under the name of the E.

Accordingly, the defendant was given a total of KRW 1686,00 by deceiving the victim.

Summary of Evidence

1. Application of Acts and subordinate statutes on the investigation report by the police on the defendant's legal statement D (the complainant's oral statement) to the deposit certificate;

1. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) of the Criminal Act and the selection of fines for criminal facts;

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

1. Although the criminal liability of the defendant for committing a crime during the period of probation of the punishment of Article 334(1) of the Criminal Procedure Act does not be mitigated, there is no record that the defendant was punished for the same crime, the defendant recognized his mistake and reflects it, and the victim agreed with the victim.

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