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(영문) 서울중앙지방법원 2018.07.25 2016고단7797

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal records] On July 16, 2015, the Defendant was released on January 29, 2016, and the remaining term of imprisonment was expired on March 16, 2016, when he was sentenced to one year of imprisonment for fraud and two months of imprisonment at the Daejeon District Court.

[Criminal facts] On June 16, 2016, the Defendant began to sell shower boxes to victims C and D at the coffee shop located in the Gangnam-gu Seoul Metropolitan Government Station, Gangnam-gu.

90% of business profits will be provided if investment is made in the rental deposit and the interior cost of KRW 20,000,000.

“A false statement” was made.

However, at the time, there was no specific plan for the defendant to carry out the above business, and even if the defendant received the victims' money, he did not have any intent or ability to comply with the above promise, since he thought that he would use it individually regardless of the above business.

After all, the Defendant: (a) by deceiving the victims as above; (b) received the money of KRW 12 million on the day from the victim C; and (c) KRW 3 million on June 21, 2016 from the victim D on June 29, 2016; and (c) acquired the money from the victim D on June 29, 2016.

Summary of Evidence

1. Entry of a defendant in part in the third public trial records;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement by the police with regard to C (including D's statement);

1. Investigation report (investigation into sources of use of money received from complainants), investigation report (to refer to witness E and telephone conversations);

1. Previous convictions: References to inquiries, investigation reports, acceptance data, details of the progress of the case, application of the statutes governing the text of the judgment;

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

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

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. The sentencing criteria [Scope of recommending punishment] and the aggravated area (one year to two years and six months) (one year to six months) of ordinary frauds (the amount of special aggravated punishment) of the same kind;

2. The decision of sentencing shall have the same criminal records as the accused has committed several times.