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(영문) 수원지방법원 여주지원 2015.06.23 2015고단231

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On January 19, 2005, the Defendant was sentenced to two years of imprisonment for a crime of fraud at the Jeonju District Court on July 28, 2006 and the remaining term of imprisonment has expired on August 3, 2006 during the execution of the sentence. On April 9, 2009, this court was sentenced to two years of imprisonment for a violation of the Punishment of Fraud, etc. Act (collective weapons, etc.) and the judgment became final and conclusive on July 29, 2009.

【Criminal Facts】

On July 28, 2008, the Defendant called the “E” for the victim’s D operation in Dongdaemun-gu Seoul Metropolitan Government, and made the victim work as F in the company “B,” and manage 200 to 300 vehicles within the company. If the early scrapping price for the vehicle reaches the price for the vehicle, the Defendant made a false representation.

However, in fact, from July 2008, the Defendant was nominated and distributed as a criminal case and was under flight. At the time, there was a debt amounting to approximately KRW 90 million without certain income, and even if the Defendant received the vehicle price from the victim, there was no intention or ability to deliver the vehicle subject to early scrapping from the company where the Defendant works for the victim.

As above, the Defendant, by deceiving the above victim, received KRW 23,00,000, total of KRW 15,000,000 for one truck from the victim, namely, the sum of KRW 8,00,000 for one truck from Hyundai five tons, and KRW 23,00,000,00 for one truck from the Defendant’s post office account (G) from around that time to September 6, 2008, and received a total of KRW 92,00,000,000, as shown in the separate crime list, from around five times to September 6, 2008.

Summary of Evidence

1. Defendant's legal statement;

1. Prosecutor's office and police interrogation protocol of the accused (including substitute part);

1. Statement made to D by the police;

1. A complaint;

1. A copy of each deposit certificate and a statement of financial transactions;

1. Previouss before and after judgments: Application of criminal records, inquiry reports (written judgments related to suspects and reports accompanied by part of investigation records);

1. Relevant Articles of the Act concerning the facts constituting the crime;