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(영문) 전주지방법원 군산지원 2020.06.15 2019고단1770

사기

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal power] On November 2, 2018, the Defendant was sentenced to one year and two months of imprisonment for fraud, etc. in the Jeonju District Court’s Gunsan Branch, and completed the execution of the sentence in the Southern Prison on October 8, 2019. On May 18, 2020, the Defendant was sentenced to three years of imprisonment for murder preliminary offense, etc. in the same court, and the said judgment became final and conclusive on May 26, 2020.

【Criminal Facts】

Around October 18, 2019, the Defendant made a false statement to the victim B, even if he received money from the victim, and despite having no intent or ability to supply the money, the Defendant would supply the money to the head of the D factory located in Hong-gun C, which is the head of the D factory located in Hong-gun, and the prior payment of KRW 2 million is transferred to the head of the Pung-gun. At present, there is a large amount of money, a large amount of money, and a large amount of money, and the amount of money for each month is immediately dismissed. The amount of money for each month is not so known that continuous and continuous transactions are possible, and the Defendant received KRW 1.5 million from the victim as the corporate bank account (E) around October 18, 2019, and KRW 5 million from the same account around the same month.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness B and F;

1. Protocol of the police statement concerning B;

1. Written confirmation of details of entry and withdrawal transactions, investigation reports (Evidence Nos. 4, 13), copies of judgment, notification of details of financial transactions, and list of 112 cases;

1. Previous convictions: Criminal history records, investigation reports (Evidence Nos. 14), personal confinement status, latter concurrent judgments, etc. are asserted to the effect that the Defendant did not have committed the instant crime.

The following circumstances acknowledged in accordance with the evidence duly adopted and examined by the court of this case, ① the mobile phone used for the crime of this case and the account that received the damaged fund are the name of the defendant, ② the defendant has been punished several times by committing the same method as this case, and ③ the defendant has the aforementioned cellular phone and account.