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Defendant shall be punished by a fine of 6 million won.
If the defendant fails to pay the above fine, 50,000 won shall be one day.
Reasons
Punishment of the crime
[2020 Gohap13] On May 30, 2018, the Defendant made a false statement to the victim C that “one million won is the down payment to recommend the auction shop of agricultural products” using telephone from the victim C.
However, in fact, the defendant did not know any other information about the agricultural product auction commercial, and even if he received money from the victim due to economic difficulties, he did not have the intent or ability to recommend the agricultural product auction commercial building to the victim.
Ultimately, around May 31, 2018, the Defendant, by deceiving the victim as above, obtained KRW 1 million from the E-bank account (F) in the name of D and obtained from the victim.
[2020 Gohap16] On May 15, 2018, the Defendant made a false statement to the victim G (56) that “The Defendant would recommend an agricultural product auction commercial building at the same time open, thereby remitting KRW 1,00,000,000,000,000,000,000.”
However, the fact that the defendant plans to use the money received from the victim for living expenses, etc., so even if he receives down payment, he did not have the intent and ability to recommend the agricultural product auction commercial building.
The Defendant received KRW 1 million from the victim to the post office account (I) in the name of H as down payment on May 16, 2018.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
[2020 Gohap13]
1. The defendant's legal statement C and each police's written statement to J (the confirmation of the execution reply data of a warrant of seizure, search and inspection and the verification of actual users) (the police's written statement to the defendant's legal statement G;
1. Application of the Acts and subordinate statutes of a duplicate of passbook and specifications of transactions of automation machines;
1. Article 347 (1) of the Criminal Act and Article 347 (1) of the same Act concerning the applicable criminal facts, the selection of fines;
1. The former part of Article 37 of the Criminal Code among concurrent crimes.