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(영문) 수원지방법원 성남지원 2014.04.24 2014고단18

사기

Text

1. The defendant shall be punished by a fine of five million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

On June 7, 2013, the Defendant was sentenced to imprisonment with prison labor for one year and two years of suspended execution at the District Court for fraud, etc., and the judgment became final and conclusive on the 15th of the same month.

Around October 2012, the Defendant stated that, in a medical prison located in the Gosidong-dong of Gyeonggi-do, the Defendant “three tons of waste cables equivalent to KRW 500 million inside and outside of the correctional institution are in the warehouse. If you move out of the correctional institution, I first agree with the victim of the criminal case in the correctional institution, I would like to pay money to the party. I would like to agree with the victim of the criminal case in the course. I would like to pay the repair cost of the vehicle owned by D, which is the victim of the criminal case in the internal case, in lieu of the repair cost of the vehicle in the internal case, and would make it possible for the vehicle to return the vehicle to D.”

However, the Defendant did not have the intent or ability to pay the repair cost and the above agreed amount to the victim, even if the victim paid the repair cost of the vehicle for the Defendant or paid the agreed amount, because the Defendant was not the owner of three tons of the waste cable equivalent to KRW 500 million.

Around November 10, 2012, the Defendant, by deceiving the victim as above, had the victim pay KRW 2 million to the victim’s employees of the vehicle repair business in the mutual influent vehicle repair business located in Daejeon, and on December 6, 2012, the victim’s wifeF wired KRW 12 million in total to the national bank account in the name of G, the victim of a criminal case, to the Defendant’s separate bank account in the name of G, which is the victim of a criminal case. < Amended by Presidential Decree No. 23688, Dec. 6, 2012>

Summary of Evidence

1. C’s legal statement;

2. The police statement concerning F;

3. Details of remittance submitted by a witness;

4. Recording records;

5. Previous convictions in judgment: References to criminal records, undispositions, and application of Acts and subordinate statutes to report results.

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

2. The Criminal Act dealing with concurrent crimes;