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(영문) 인천지방법원 2016.07.05 2015고단5228

사기

Text

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

Reasons

Punishment of the crime

[criminal records] On June 29, 2012, the Defendant was sentenced to five months of imprisonment with labor for the crime of embezzlement at the Incheon District Court, and on August 17, 2012, the Defendant terminated the enforcement of the sentence at the Incheon Detention Center on August 24, 2012 after the above judgment became final and conclusive.

[Criminal facts] The Defendant, at its own office located in Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, around December 7, 2012, is aware of the victims C of “construction-related workers.”

The phrase “the money was changed as entertainment expenses for the construction project” was false.

However, even if the defendant receives money from the victim C, he thought that he would use it for his personal living expenses, etc., and he did not have the intention or ability to receive construction from the defendant.

Nevertheless, the Defendant, as seen above, received KRW 1,00,000 from the victim C to the new bank account (number D) under his own name on the same day as entertainment expenses, as well as received KRW 33,80,000 from the above date to March 22, 2013, a total of KRW 15 times from the above date to March 22, 2013, as shown in the list of crimes in the attached list of crimes.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. A protocol concerning the examination of the accused by the prosecution (including the part concerning the statement ofC);

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

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (report on confirmation of repeated crimes) statute;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the choice of punishment (in comprehensive, the choice of imprisonment);

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

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] the basic area (six months to one year and six months) (no person subject to special sentencing] of the type 1 (less than KRW 100 million) general fraud;

2. As long as the Defendant was released from prison, the fact that only some part of the Defendant was recovered from the crime and did not have agreed to do so, there was a history of criminal punishment more than 20 times, and the Defendant escaped without attending on the date of the sentence.