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(영문) 대구지방법원 안동지원 2016.09.29 2016고합29

특정경제범죄가중처벌등에관한법률위반(사기)

Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

On November 28, 2014, the Defendant was sentenced to imprisonment with prison labor for one year and two months for fraud in the Daegu District Court's assistance, and the judgment became final and conclusive on March 20, 2015.

On December 23, 2013, the Defendant, at a D restaurant located in Ansan-si C around December 23, 2013, may impose a large amount of money on the victim E (here-gu husband is working in the autopsy, but he/she has invested in subway Corporation through his/her husband through his/her husband.

A false statement was made to the effect that “the loan of KRW 50 million is changed.”

However, the defendant did not have any intention or ability to pay money from the injured party due to the absence of certain occupation or property at the time, and the husband did not have any her friend relationship with the prosecutor, and most of the money borrowed from the injured party was thought to use it as gambling funds from the casino.

The Defendant received a cash of KRW 46 million from the injured party, which deducts KRW 40,00 from the same day and KRW 400,000,000,000,000,000 from the injured party, and received 28 times on November 20, 2014, by deceiving the injured party as stated in the column of “facation” in the crime list, and received a total of KRW 973,30,000,00 from the injured party as stated in the column of “facation” in the crime list.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Statement made by the police for victims E;

1. A criminal investigation report (a copy of the account book submitted by an complainant);

1. Previous convictions in judgment: Application of a written reply to inquiries, such as criminal history, etc. (A) and the text of the judgment (No. 178 pages of evidence records);

1. Relevant Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 347 (1) of the Criminal Act (including the case) for the crime;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act in handling concurrent crimes: Provided, That the grounds for sentencing under the former part of Article 39 (1);

1. The sentencing criteria shall apply to the crimes of this case committed in relation to the crime of fraud for which judgment has become final and the concurrent crimes of a group after Article 37 of the Criminal Act.