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(영문) 인천지방법원 2018.10.24 2017고단7954

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal records] On April 28, 2017, the Defendant was sentenced to one year of imprisonment with prison labor at the Seoul Eastern District Court for fraud, and the above judgment was finalized on May 9, 2017. On June 8, 2018, the Defendant was sentenced to two years of suspension of execution on June 16, 2018 and the above judgment became final and conclusive on June 19, 2018. On July 19, 2018, the Defendant was sentenced to two years of suspension of execution of imprisonment with prison labor at the Suwon District Court for fraud, and on July 27, 2018, the above judgment became final and conclusive.

[Criminal facts] On March 15, 2016, the Defendant, at the D University E Campus F, located in Suwon-si, Suwon-si, Suwon-si, where he was enrolled in a graduate school student, was seeking to pass an occasional application for the examination of a person who was enrolled in the G high school in Yangju-si, and was working as a field player at the G University E Campus F.

H’s mother would make the victim I pass an occasional screening of the said H in the D University Sports College in 2017 at the request of the head of the D University Sports Group.

The phrase “ makes a false statement.”

However, in fact, the Defendant did not have any intent or ability to pass an occasional screening of sports special reporters in the D University Sports College in 2017, even if he did not know of the head of the D University sports group and did not receive money from the injured party.

The Defendant received KRW 34 million in total, including KRW 30 million on May 3, 2016 and KRW 4 million on October 26, 2016, from the victim’s account under the name of the Defendant, for the purpose of making an occasional solicitation from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Two times a protocol concerning the examination of suspect of the police against the accused;

1. Statement made to I by the police;

1. A copy of the details of remittance of KRW 34 million, or a copy of the same credit training plan or loan certificate for the year 2016;

1. Details of financial transactions by J bank (A);

1. Previous conviction: The defendant's legal statement, inquiry letter, each investigation report (the confirmation of the relevant case and the confirmation of concurrent relationship after Article 37 of the Criminal Act), reporting on the results of confirmation of the previous conviction before the disposition, judgment, and judgment.

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