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(영문) 대구지방법원 2019.05.16 2018고정1442

사기

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[criminal power] On February 9, 2017, the Defendant was sentenced to two months of imprisonment for fraud, etc. at the Daegu District Court, and one year and four months of imprisonment, which became final and conclusive on May 27, 2018, and completed the execution of the sentence in the Daegu Prison on May 27, 2018.

【Criminal Facts】

On June 2016, the Defendant stated that “C” in the name of “C” located in Daegu Suwon-gu B, stating that “A victim D had performed a long work in the U.S. military unit,” and that “I may leave the U.S. military unit with a large number of times, so I may leave the U.S. military unit with 16 million won for job-seeking expenses.”

However, even if the defendant received 16 million won from the victim, he was thought to use it as living expenses, etc., and he did not have the intention or ability to have his father and wife employed in the military unit.

Nevertheless, the Defendant was issued 16 million won from the victim, i.e., the victim by false statements as above.

Accordingly, the defendant was given property from the victim by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (current status of personal confinement);

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. It is so decided as per Disposition on the grounds of Articles 70(1) and 69(2) of the Criminal Act or above;