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(영문) 광주지방법원 2017.09.07 2017고단1336

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

(2) On May 27, 2016, the Defendant was sentenced to two years of imprisonment for each crime of fraud at the Cheongju District Court on May 27, 2016, and the judgment was finalized on June 4, 2016 (see, e.g., evidence records 118 pages) by having been sentenced to imprisonment with prison labor for each of the instant crimes and the subsequent provisions of Article 37 of the Criminal Act, and not for a group of concurrent crimes (see, e.g., Supreme Court Decision 201No1034, Jan. 13, 2012) for a crime of fraud and embezzlement, and the said judgment became final and conclusive on January 21, 2012, by having been sentenced to six months of imprisonment with prison labor for each of the instant crimes and the subsequent provisions of Article 37 of the Criminal Act. < Amended by Act No. 13202, Apr. 16, 2015>

[Criminal facts] The Defendant committed a crime together with C: Provided, That the Defendant did not investigate C.

Around May 14, 2011, in the vicinity of the Kudong-gu Kudong-dong Gyeongdong-dong apartment complex, the purpose of this paper was to “to purchase and sell the Dopo-do Dopo-dong Dopo-dong Dopo-dong Dopo-dong Dopo-dong Dopo-gu Dopo-dong Dopo-dong Dopo-dong Dopo-dong Dopo-dong Dopo-gu Dopo

However, the defendant and C did not have any intention or ability to keep the profits even if they receive the investment funds with respect to the heavy purchase from the injured party.

Nevertheless, as seen above, the Defendant and C, by deceiving the victim, received 3.5 million won from the time of receiving transfer under the pretext of investment from the victim, etc. to June 20, 201, through the delivery of the sum of KRW 165 million in nine times, as shown in the List of Crimes, from June 20, 201.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of the witness D;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Statement made by the police with regard to D;

1. E-certification;

1. A copy of a bankbook (detailed statement of deposit transactions);

1. His/her previous offense relationship: A reply to inquiry, such as criminal history, a copy of each relevant judgment, and an inquiry about summary information of each case;

1. Relevant Article 347 of the Criminal Act, Articles 347 (1) and 30 of the Criminal Act, and the choice of imprisonment for the crime;

1. The latter part of Article 37 of the Criminal Code for the treatment of concurrent crimes, provided that Article 39.