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(영문) 서울동부지방법원 2015.01.29 2014고단2795

사기

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

【Criminal Power】 The Defendant was sentenced to six months of imprisonment for fraud at the Seoul Eastern District Court on August 28, 2013, and the said sentence became final and conclusive on November 29 of the same year.

【Criminal Facts of Crimes】 On May 4, 2011, the Defendant: (a) at the extension site of D Company, a printing factory under C 339, the Defendant received materials from the victim E; and (b) Notwithstanding the absence of the intent or ability to pay the price, the Defendant received from the victim E the electric panel equivalent to KRW 12,100,000,00 from the victim to pay the price on the last day of the following month; and (c) acquired the electric panel of KRW 124,212,00,000 in total by receiving the electric panel of KRW 30,000 from the victim; and (d) obtained the electric panel of KRW 124,212,00 in total by receiving the electric panel of KRW 30,20,000 from the victim E.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Court rulings;

1. Previous records: Criminal records, previous records and results of confirmation of dispositions, and application of statutes governing the judgment;

1. Article 347 (1) of the Criminal Act applicable to the crime (Fraud or Selection of Imprisonment);

1. Considering that there is a large amount of damage caused by the sentencing of the latter part of Article 37 and Article 39(1) of the Criminal Act to treat concurrent crimes, and that there is no agreement with the victim, it is inevitable to punish the defendant

Therefore, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances, such as the defendant's confession and reflect, the amount of damage, the amount of 46 million won has been repaid, and the age, character and conduct, occupation, intelligence and environment of the defendant, motive and circumstance of the crime, means and method of the crime, circumstances after the crime, etc.