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서울서부지방법원 2015.01.22 2014고단2629

사기

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On February 9, 2011, the Defendant was sentenced to one year and six months of imprisonment with prison labor for violating the Automobile Management Act at the Jung-gu District Court on November 30, 201, and the execution of the sentence was terminated on November 30, 201. On November 6, 2014, the Seoul Western District Court sentenced ten months of imprisonment with prison labor for violating the Automobile Management Act at the Seoul Western District Court on November 25, 201 and the judgment became final and conclusive.

On January 11, 2012, the Defendant made a false statement to the victim C that “A vehicle business is conducted in large amount, D, which is omitted in the operation of a corporation, and C, will transfer to the victim’s name, and make profits worth at least one billion won by the end of June 2012.”

However, the Defendant did not operate a used vehicle related business at the time, and was in bad credit standing, so even if receiving money from the victim, the Defendant did not have any intent or ability to mislead the name of the corporation, to give the victim, or to normally make profits.

Nevertheless, the Defendant, by deceiving the victim as such, obtained 30 million won from the victim to the bank account in the name of the Defendant E in the same day from the victim, and acquired 30 million won from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement regarding C;

1. A complaint (including attached documents);

1. Previous records: Application of Acts and subordinate statutes to criminal records, investigation reports (referring to the summary of a case pending in a trial, agreement and auxiliary statements of a case and reporting attached to a judgment of the court

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

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under the latter part of Articles 37 and 39(1) of the Criminal Act dealing with concurrent crimes is that the defendant has been punished for the same kind of crime several times, and the defendant commits the crime in this case during the period of repeated crimes, and that the victim has committed the crime in this case.