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(영문) 제주지방법원 2019.07.12 2018고단2882

사기

Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal record] On January 27, 2016, the Defendant was sentenced to two years of suspension of the execution of imprisonment for fraud at the Jeju District Court for six months, and the above judgment became final and conclusive on February 4, 2016, and on February 8, 2018, the Seoul Southern District Court sentenced four months of imprisonment for the crime of occupational embezzlement and became final and conclusive on February 22, 2018.

[Criminal Facts] Around July 2014, the Defendant called “C employee” by phoneing to the victim B (the age of 55) at a closed space (the age of 55) at the time of Jeju. The Defendant said that “I will issue a membership immediately if he/she deposits 3,3850,000 won.”

However, at the time, the Defendant did not secure membership rights to sell to the victim, and the Defendant was planning to use the above money to repay the Defendant’s debt to the third party, and even if receiving KRW 33850,00 from the victim, there was no intention or ability to use it as the purchase price for the above golf club membership.

Around July 16, 2014, the Defendant, by deceiving the victim as above, received 3,3850,000 won from the E Association account (F) in the name of the Defendant from the victim and acquired it by defrauded.

Summary of Evidence

【Criminal Facts at the Time of Sales】

1. Statement made by the defendant in this court;

1. Statement of the suspect examination of the accused prepared by the public prosecutor;

1. Statement of statement concerning B prepared by the police;

1. Entry in the petition form B;

1. Each investigation report prepared by the police (verification of whether the accused has membership rights for the other party D), etc. / Each investigation report prepared by the police (the results of the suspect G reply / The telephone conversations between the president H and the witness / The witness I telephone conversations)

1. Descriptions of a certificate of details by member trading account;

1. Statement of inquiries into police preparation;

1. A statement (including attached documents) of the chief public prosecutor's office of the Jeju District Public Prosecutor's Office;

1. Statement (including attached documents) of investigation report (Attachment to a judgment) of police preparation;

1. Prosecutions;