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(영문) 춘천지방법원 강릉지원 2014.10.29 2014고단613

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Justice] On February 22, 2012, the Defendant was sentenced to six months of imprisonment for a crime of fraud at the Sungnam Branch of Suwon District Court on February 22, 2012, and the said judgment became final and conclusive on October 30, 2012.

【Criminal Facts】

On July 2009, the Defendant made a false statement to the effect that, in a restaurant where the trade name in Sungnam-si is unknown, the Defendant would be able to perform the said civil works if the Defendant would bring about KRW 20,000,000 to the victim of the civil works despite having no intention or ability to give the victim C with the civil works. One case would be able to perform the said civil works if the Defendant would bring about KRW 10,000,000 as teaching expenses.

Around July 24, 2009, the defendant deceivings the victim as above and up to July 24, 2009, from the victim, to the Agricultural Cooperative Account (E) in the name of the defendant's wife, 10 million won,

9. Around 19.19. Around the same account, a total of KRW 20 million was received, such as the transfer of KRW 10,000 to the same account, and defrauded.

Summary of Evidence

1. Each legal statement of witness C and F;

1. A detailed statement of transactions of automation machinery;

1. A list of savings deposit transactions;

1. An investigation report (report on attachment of the corporate name and source form);

1. Investigation report (report on attachment to telephone recording CDs);

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records, references to criminal records, amounts of dispositions, results of confirmation, and reporting;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The reasons for sentencing under the latter part of Articles 37 and 39(1) of the Criminal Act are the fact that the defendant was punished for the same kind of crime, the defendant denied his/her crime and did not make efforts to recover damage to the victim while denying the victim's damage, and the defendant's age, character and conduct, family relationship, circumstances leading to the instant crime and the subsequent progress, etc. shall be comprehensively taken into account and determined as the sentence as ordered.

Defendant

In addition, the defendant merely borrowed money from the victim, and received money from the victim as school expenses for the acceptance of civil works.