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(영문) 서울중앙지방법원 2013.08.22 2012고정5119

사기

Text

Defendant shall be punished by a fine of KRW 300,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On June 11, 2009, the Defendant was sentenced to ten months of imprisonment for fraud at the Seoul Northern District Court (Seoul Northern District Court) and the said judgment became final and conclusive on August 21, 2009.

Around July 19, 2006, the Defendant sent 1,40,000 won to the bank account in Seongbuk-gu Seoul, and then acquired 1,40,000 won from the victim’s bank account in the name of the Defendant by receiving 1,50,000 won from the victim by sending 1,40,000 won to the account when sending 1,50,000 won to the bank account.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Each police statement of E;

1. A written petition;

1. Details of transactions;

1. Previous records: Application of criminal records, inquiry reports and investigation reports (report accompanied by a copy of the judgment of the same kind of suspect) and other Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;