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(영문) 대구지방법원 2020.02.11 2019고정1312
사기
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On May 24, 2018, the Defendant was sentenced to four months of imprisonment and two months of imprisonment for fraud at the Daejeon District Court, but this judgment was reversed on April 25, 2019 by the same court and sentenced to two months of imprisonment, and two months of imprisonment was dismissed. This judgment became final and conclusive on May 16, 2019.

In addition, on August 21, 2019, the defendant was sentenced to four months of imprisonment for fraud at the Daegu District Court, and the above judgment became final and conclusive on November 2, 2019.

On May 2018, the defendant stated that the "Divers for the operation of the Victim C, located in the Gyeong-gun, Gyeongnam-gun, Busan-gun, would first cause the money to be used to reduce the work."

However, the defendant did not have any intention to work in the victim's multilateral bank because he received money from the victim in advance or in borrowing money, and did not have any intention or ability to repay it.

Around May 16, 2018, the Defendant, by deceiving the victim, received a total of 3.2 million won including KRW 3 million from the victim as a prepaid deposit, and 2.2 million won as a loan, and acquired it by deception.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. Previous records of judgment: A statement of criminal records, each investigation report (report attached to the judgment, etc. of the same kind of crime punishment), and the application of Acts and subordinate statutes (report attached to the indictment of this case among the judgment);

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;

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