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(영문) 춘천지방법원 강릉지원 2018.01.24 2017고단1165

사기

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On October 12, 2017, the Defendant was sentenced to a suspended sentence of one year for a period of six months, which was sentenced to a suspended sentence of imprisonment for fraud at the Gangnam Branch of the Chuncheon District Court, and the judgment became final and conclusive on October 20, 2017.

【Criminal facts】 From the frequency of “D” operated by the Defendant in the East Sea at around 19:00 on November 19, 2016, the Defendant did not appear from the date when the relevant main room was closed, inasmuch as he did not know one week’s salary,” the Defendant’s “D” was closed.

section 3.

In addition, the door has been closed, and there is a need for the head of the main office to pay a close salary.

If only 5 million won is loaned, the time limit money will be paid in the following month.

The phrase “ makes a false statement.”

However, the Defendant had no time to receive money, and even if the Defendant actually borrowed money from the victim due to his/her own failure to pay the money from the victim, he/she did not have any intent or ability to pay the money normally, even though he/she did not have any personal obligation such as the loan, without any particular property at the time.

Nevertheless, the Defendant: (a) by deceiving the victim and being delivered KRW 5,00,000 to the victim on November 20, 2016; and (b) from the time on January 24, 2017, by deceiving the victim by the same method over ten times, as indicated in the list of crimes in the attached Table, and received delivery of KRW 47,80,000,00 from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Part of the statement under E in the second police interrogation protocol against the accused;

1. Statement made by the police for E;

1. A complaint, details of deposits, details of account transactions, suspect credit information, details of account transactions, details of issuance of bank checks in front of household;

1. Previous convictions: Application of respective Acts and subordinate statutes;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Article 62(1) of the Criminal Act of the suspended execution (which is equivalent to the amount of damage, but is agreed with the victim, and the judgment becomes final and conclusive;