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(영문) 서울북부지방법원 2020.01.16 2019고정520
사기
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

around 15:00 on October 27, 2015, the Defendant made a telephone call to the victim B at an unspecified place, and proposed to “to send the price to the victim within three days from sending it,” and was delegated by the victim to sell it, and was delivered 110 km 20 km from the victim around October 29, 2015, and then sold 3,875,980 won for the victim, and then embezzled 3,875,980 won for the victim without returning it to the victim at around that time, and then arbitrarily consumed it as his hospital treatment expenses, living expenses, etc.

Summary of Evidence

1. Court statement of the defendant (the nine court date);

1. Part of the police statement concerning B;

1. Application of Acts and subordinate statutes to an investigation report (in case of sales price by analyzing data submitted by a suspect),

1. Relevant Article 355 (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. The Defendant, on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, sought a reduction of the fine (2,00,000 won) for a summary order.

The punishment shall be determined like the order, in consideration of the following factors: (a) the fact that the defendant's age, character and conduct, environment, etc. is not good; (b) the beneficiary is in an economically difficult situation under the National Basic Living Security Act; and (c) the conditions of various sentencing prescribed in Article 51 of the Criminal Act, such as the defendant'

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