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(영문) 광주지방법원 2018.07.18 2018고단1052

사기

Text

A person shall be punished by imprisonment with prison labor for three months and by imprisonment for two months with prison labor for the crimes of No. 2 in the judgment of the defendant.

Reasons

Punishment of the crime

On June 11, 2014, the Defendant was sentenced to six months of imprisonment for fraud at the Gwangju District Court, and the judgment became final and conclusive on June 3, 2015. On August 13, 2015, the judgment was rendered on August 21, 2015 by having been sentenced to four months of imprisonment for fraud at the Gwangju District Court, which became final and conclusive on August 21, 2015. On December 18, 2015, the Defendant was sentenced to four months of imprisonment for embezzlement at the Gwangju District Court, which became final and conclusive on December 29, 2015.

1. In December 2014, the Defendant, who committed a crime in the middle of December 2014, made a false statement to the victim of the dry field D located in Kim Jong-si, Kim Jong-si, which was cultivated by the victim C, stating that “The Defendant would supply free of charge to the victim and make settlement as the price is deposited.”

However, the defendant did not have any intention or ability to pay the price even if he/she is supplied with no intention from the injured party.

The Defendant received from the injured party the supply of 58,200 kilograms of the market price of KRW 13 million.

2. On July 2015, the Defendant, at the beginning of July 2015, concluded a false statement to the effect that “The Defendant would immediately make payments within one week as the payment is made, to the victim plus up to KRW 13 million, which has not yet been paid up to the face of the supply of free money, at the same place as Paragraph 1, which was in the first order of July 2015.”

However, the defendant did not have any intention or ability to pay the price even if he/she is supplied with no intention from the injured party.

The Defendant received from the injured party the supply of 16,970 kilograms of a market price of KRW 7 million.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Previous records: Application of Acts and subordinate statutes to inquire into criminal records and report criminal investigations (the previous records and report attached to the judgment, etc.);

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

1. The latter part of Article 37 of the Criminal Act provides that Article 39(1) (the crime of Article 1 of the judgment and the crime of fraud, which becomes final and conclusive on June 3, 2015, the crime of Article 2 of the judgment, and the crime of fraud, which becomes final and conclusive on August 21, 2015, and the judgment on December 29, 2015.