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(영문) 대전지방법원 공주지원 2017.12.22 2017고단273

사기

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

[criminal records] On May 18, 2012, the Defendant was sentenced to two years and six months of imprisonment with prison labor for a violation of the Act on the Protection of Defense, etc. at the Daejeon District Court on September 22, 2014, and the execution of the sentence was terminated at the Jinju Prison on September 22, 2014. On June 29, 2016, the Daejeon District Court sentenced imprisonment with prison labor for a year and two months, and the sentence became final and conclusive on October 14, 2016.

[2] On July 31, 2015, the Defendant stated that “The Defendant brought a criminal complaint against the victim C on the same ground that three medical doctors, other than those reported by the party, provided medical services, other than those provided by the party, have been negligent in doing so, and the Defendant tried to file a civil lawsuit for damages. The Defendant first proceeded with the instant case on the ground that there was a person who is going to the Chungcheong Local Police Agency. The attorney’s fee is three million won at the attorney’s expense.”

However, even if the defendant receives money from the injured party, he did not think of the consumption of the money as living expenses, but did not appoint a lawyer and did not have the intention or ability to proceed with the case

As such, on July 31, 2015, the Defendant, by deceiving the victim, received transfer of KRW 3 million from the victim’s account in the name of D Co., Ltd.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against C;

1. A complaint, letter, summary statement, detailed statement of deposit transactions, and all certificates to be registered by the corporation;

1. Previous convictions: References to inquiries, such as criminal history, personal confinement status, and application of Acts and subordinate statutes to criminal investigation reports (Attachment to judgment attached to the same type of crime);

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant committed the instant crime during the period of repeated crime, but the Defendant is led to confession and in depth, and the judgment becomes final and conclusive.