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(영문) 인천지방법원부천지원 2020.11.24 2020고정674
사기
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

1. On July 26, 2019, the Defendant and B used an additional C hotel from around July 26, 2019 to around July 31, 201, the Defendant concluded that “A victim D, an employee, would pay accommodation expenses (2.40,000 won) at once when he/she leaves the room due to the approval of the check.”

However, in fact, the defendant and B did not pay accommodation expenses from the beginning and did not have any intention or ability to pay accommodation expenses to the victim.

The Defendant and B, as above, deceiving the victim and let the victim be accommodated in the said hotel by the Defendant and B.

In this respect, the defendant and B had conspiredd with the victim to acquire property benefits.

2. Around July 27, 2019, the Defendant and B told the victim D to the place specified in the foregoing Paragraph (1) that “I wish to repay to the victim all at once when I wish to lend money due to the shortage of hospital expenses. I wish to lend money due to the shortage of hospital expenses to the patient room.”

However, in fact, the defendant and B were unable to pay the above hotel accommodation charges, and the defendant and B did not have the intent or ability to pay the loan to the victim because they did not pay the accommodation charges as stated in the above paragraph (1) and planned to flee.

As above, the Defendant and B received a total of KRW 1,90,000 from the victim three times, such as deceiving the victim as above, and making him/her deposit of KRW 50,000 on July 27, 2019, KRW 40,000 around the 28th of the same month, and KRW 1,000,000 around the 29th of the same month.

Accordingly, the defendant and B were provided property by deceiving the victim in collusion.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to photographe CCTV images taken by the police against B of the suspect interrogation protocol of the police as to B;

1. Article 347 (1) and Article 30 of the Criminal Act and the choice of fines for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Detention at a workhouse;

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