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(영문) 수원지방법원 안산지원 2013.06.11 2012고단1774

사기

Text

Defendant

A shall be punished by imprisonment with prison labor for one year.

Defendant

B shall be innocent.

Reasons

Punishment of the crime

Defendant

A on July 8, 2009, the Seoul Western District Court sentenced ten months of imprisonment for fraud and completed the execution of the sentence on January 22, 2010.

Defendant

A On July 25, 2010, in Manasan, which is located in the Song-gu, Daejeon District, Daejeon. On July 25, 2010, the fact was false that the petitioner-gun was unable to receive the construction of modern neighborhood living facilities located in the district of the petitioner-gun, and despite the absence of the petitioner-gun's intent or ability to perform the construction even if he was received a family share, the victim D introduced from B would have the victim D receive the construction of the three to seven floors of the neighborhood living facilities located in the district of the petitioner-gun-gun, and would have the victim D receive the construction of the 200 million won if he would have it possible to receive the construction of the said facilities from the third to the seven floors of the neighborhood living facilities located in the district of the petitioner-gun, the amount of KRW 60 million in the amount of KRW 60 million. However, our country (the defendant and B) stated that the

Defendant

A, as such, by deceiving the victim and acquiring one credit card from the victim on July 27, 2010, by using one credit card under the victim's name, and acquired a total of KRW 8,330,00 from around that time to August 13, 2010, and acquired property or acquired property equivalent to a total of KRW 13,736,520 from around that time to around August 13, 2010.

Summary of Evidence

1. The entry of witness D in part of the third protocol of trial;

1. Protocol concerning the examination of suspect B by the prosecution;

1. Protocol concerning the examination of suspect B by the police (including the cross-examination part);

1. Statement of each police statement regarding D;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records, personal identification and current status of confinement;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. In addition to the previous convictions set forth by Defendant A for sentencing Article 35 of the Criminal Act, Defendant A had a record of having been punished several times for the crime of fraud, not only committed the crime of this case during the period of repeated crime, and not recovered from damage.