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(영문) 대구지방법원 2020.11.05 2020고정778
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Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On February 7, 2019, the Defendant made a false statement to the victim B by telephone, stating that “If he/she performs a neutrony operation at a c animal hospital located in Daegu hydrosigu through B through B, he/she may perform a eutrony operation with a total of KRW 100,000 won for the original 300,000 won for the female, and the female may perform a eutrony operation with a total of KRW 70,000 for the female and low weighting expenses.”

However, in fact, C Animal Hospital had no intention to use it as operating expenses even if the defendant received the above money from the victim, because C Animal Hospital had intended to use it as operating expenses, without receiving any operating expenses.

Nevertheless, on February 7, 2019, the Defendant, by deceiving the victim as above, received 170,000 won from the victim as the national bank account in the name of D, the father of the Defendant, under the name of neutrony surgery.

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

Summary of Evidence

1. Partial statement of the defendant;

1. A written complaint for the B preparation;

1. The police statement concerning B;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

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