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(영문) 대구지방법원 서부지원 2016.05.27 2016고단649

사기

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On March 14, 2014, the Defendant was sentenced to one month of imprisonment, one month of imprisonment, and eight months of imprisonment for fraud at the Daegu District Court, and completed the execution of the sentence on May 21, 2014.

"2016 Highest 649"

1. On August 26, 2015, at around 19:00, the Defendant made a false statement to the effect that, “H” main points of the Victim G management “H” located in Busan Metropolitan Government F, the Defendant would work as an employee from this alcohol house if the Defendant would work as an employee in advance.”

However, in fact, the Defendant was thought to flee from the victim, and there was a lot of damages to others, so even if receiving the advance payment, there was no intention or ability to return the said advance payment.

Nevertheless, the defendant acquired 3 million won from the damaged person to the post office account in the name of the defendant under the pretext of the same day in advance.

"2016 Highest 770"

2. On May 20, 2015, the Defendant made a false statement to the effect that “the Defendant would work as an employee from the instant multi-faceted gold in advance from the victim J’s operation in Yongcheon-si, Young-si.”

However, in fact, the Defendant was thought to flee from the victim, and there was a lot of damages to others, so even if receiving the advance payment, there was no intention or ability to return the said advance payment.

Nevertheless, the defendant acquired 200,000 won from the damaged person to the agricultural bank account under G's name in the same name as the same day in advance.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to J and G;

1. Previous convictions: Application of a reply to inquiries about criminal history data, personal identification and acceptance status, investigation report (Attachment to the same type of judgment, etc.);

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

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

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.