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(영문) 인천지방법원 부천지원 2016.01.11 2015고단3230

사기

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On October 6, 2015, the Defendant was sentenced to a suspended sentence of one year for criminal fraud in the Incheon District Court Branch Branch of the Incheon District Court for six months. The judgment became final and conclusive on October 14, 2015.

On April 12, 2012, the Defendant provided real estate consulting, and on April 12, 2012, "The Defendant was delegated the removal of the factories in the Chungcheongnam-gun E, Chungcheongnam-gu, Seoul Metropolitan Government 2-Saro 2-Saro, which was delegated by D to remove the factories."

However, in fact, the defendant did not have any intention or ability to perform the removal of the above factory due to the fact that he was delegated with the removal of the above factory in the voice group E.

Nevertheless, it received 6.5 million won from the corporate bank account in the name of the defendant's father G by deceiving the victim F who is believed to be true, and received 6.5 million won from the corporate bank account in the name of the defendant's father G, and acquired the financial profits equivalent to 19 million won by fraud.

Summary of Evidence

1. The defendant's legal statement (the confession of the crime was made on the second trial date);

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

1. A copy of the transaction of passbook;

1. Previous convictions: Inquiries about criminal history, text of judgment (No. 1), and application of Acts and subordinate statutes reporting the previous convictions and results of confirmation of criminal history;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

2. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

3. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

4. The punishment as set forth in the Disposition shall be determined by taking into consideration the following: (a) the reason for sentencing under Article 334(1) of the Criminal Procedure Act reflects the Defendant’s mistake in depth; (b) the repayment of KRW 2 million to the victim; and (c) the repayment of the final judgment and the relationship of concurrent crimes after Article 37 of the Criminal Act with the final judgment.