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(영문) 춘천지방법원 원주지원 2019.11.28 2019고단1018

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On November 30, 2017, the Defendant was sentenced to ten months of imprisonment for fraud at the Ulsan District Court. On January 26, 2018, the Defendant completed the enforcement of the sentence at the port prison on January 26, 2018.

On April 2018, the Defendant made a false statement to the victim D, “The Defendant knew of a person who manages specified goods stored in the original source,” stating, “The Defendant entered the warehouse in order to use the specified goods as political funds at the time of the military regime at the time of the previous military regime, and sold the warehouse to the manager of the warehouse in a manner that he sells them in a manner that would cover the management expenses, at least KRW 20 million, and KRW 50,000,000 at least KRW 100,000,000,000,000,000,000,000,000,000,000,000,00,000,

However, it is true that the above specific warehouse does not exist and even if it receives money under the name of a specific warehouse management fee, it was thought that it will be used for the personal repayment of the obligation, and there was no intention or ability to pay the victim a gold of at least KRW 200 million, and KRW 50 million.

On April 16, 2018, the Defendant, by deceiving the victim as above, obtained a cashier’s checks equivalent to KRW 100 million from the front of the “F convenience store” in the large exhibition E” around April 16, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. - A check copy and a mobile phone text;

1. Each investigation report (No. 8 through 15, 17, and 25 No. 8 of the evidence list);

1. Previous convictions indicated in judgment: Criminal records, inquiry reports, investigation reports (verification of criminal records and criminal facts of the same kind as a suspect), and application of Acts and subordinate statutes stating the accused's legal statement;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. The scope of punishment by law: Imprisonment for one month to ten years;

2. The scope of recommendations according to the sentencing criteria (the determination of types) shall be limited to fraud (the type 2) at least 10 million won and less than 500 million won.