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(영문) 창원지방법원 통영지원 2018.10.19 2018고정86

사기

Text

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

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

Reasons

Punishment of the crime

On April 20, 2017, the Defendant was sentenced to four years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Changwon District Court on the Aggravated Punishment, etc. of Specific Crimes and was sentenced to dismissal judgment by the Supreme Court on December 18, 2017, and the judgment became final and conclusive.

On June 4, 2015, the Defendant was sentenced to one year and six months of imprisonment with prison labor for a violation of the Narcotics Control Act at the Gwangju District Court on the grounds of the violation of the Act on the Control of Narcotics, etc., and was living in the ward B in the Changwon Prison B around January 2017, the Defendant was living in the ward B in the Changwon prison.

The Defendant and C made a false statement to the effect that it is possible to release the victim from the charge of the investigation by informing the victim of other narcotics-related crimes, and that “I would like to immediately release the victim from the charge of the investigation by creating a public investigation and creating a public performance of the investigation,” after reading the written indictment of the victim.”

However, the defendant and C receive money from the injured party.

There was no intention or ability to help a person who was injured to be sentenced to punishment or released immediately.

Nevertheless, the defendant and C conspired with the victim to transfer money of KRW 10 million from the victim to the F Association account in the name of E around January 17, 2017.

Summary of Evidence

1. Each legal statement of the witness C and D;

1. Each police statement made to D, G, and H;

1. A complaint, a criminal investigation report ( current status of meetings with suspects C and accompanying a recording file), and details of financial transactions;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes;

1. Article 347 of the Criminal Act applicable to the crime, Articles 347 (1) and 30 of the Criminal Act, and the selection of fines for the crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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