beta
(영문) 전주지방법원 2020.05.13 2019고단1660

사기

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On December 13, 2006, the Defendant was sentenced to one year and two months of imprisonment for a crime of fraud, etc. in the Jeonju District Court Military Accounting Branch on December 13, 2006, and the execution of the sentence is terminated on August 20, 2007. On April 8, 2010, the Defendant was sentenced to eight months of imprisonment for a crime of fraud, etc. in the same support, and the judgment becomes final and conclusive on October 23, 2010.

On February 9, 2010, the Defendant made a false statement to the victim “Dda” operated by the victim C in the Seoul metropolitan city located in the Jeonju-gun, Jeonju-gun, stating that “A person who has been employed in the surrounding areas is aware of whether he or she has been employed in the E department store, so he or she may allow him or her to find a person in the F Truck Production Book through him or her, and that he or she will do so by hiring 10 million won in the Jeju metropolitan area.”

However, even if we receive money, there is no intention or ability to find employment for the F.

Nevertheless, the Defendant: (a) by deceiving the victim; (b) received five copies of the KRW 1 million check in front of the head office of the HJ association located in the GJ located in the Haju-gun, North Korea on the same day from the victim; and (c) continuously transferred KRW 5 million to the I J bank account around February 16, 2010.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Statement to C by the police;

1. A copy of text messages, L transaction details, M transaction details, N customer information and transaction details, O J bank account transaction details, borrowed certificates, confirmations, deposit transaction statement, and passbook sent by KK from the victim C;

1. A criminal investigation report, investigative report, investigative report, investigative report, investigative report, N telephone conversations of a reference witness, investigation report, and investigation report ( telephone conversations of a reference witness);

1. Previous convictions: Criminal records, etc. inquiry reports, investigation reports (verification of the current status of confinement by individual), investigation reports (related to the fixed date of military acid assistance 2016 Height group 993), investigation reports (related to the fixed date of repeated crimes and confirmation), court rulings, and application of Acts and subordinate statutes as a result of case search;

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

1. Article 35 of the Criminal Act for aggravated repeated crimes.