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(영문) 인천지방법원 2020.05.27 2018고단5692

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to six months of imprisonment with prison labor on November 15, 2017 at the Suwon District Court for the crime of forging a private signature, etc., and the judgment became final and conclusive on the 23th of the same month.

【Criminal Facts】

On August 2012, the Defendant made a false call to the victim C at the site of the construction of a new building located in the building located in the Nam-gu Incheon Metropolitan City, Nam-gu B, and made a false statement to the effect that “I would pay the price immediately if I would like to supply poppy, poppy (one mare, one mare, and two Vs to fix stone, etc. as buried inside a concrete outer wall when constructing a building).”

However, the Defendant, without any specific property at the time, was in a situation where he was liable for the debt worth approximately KRW 170 million, and even if he was paid the building stones, he thought that it would be used for other construction-related personnel expenses, living expenses, etc., so even if he was supplied with poppy-V from the victim, he did not have any intention or ability to pay the price properly.

Ultimately, the Defendant, as seen above, induced the victim, and received 677,500 won poppy V from the victim at the above construction site on the same day, and acquired 40,898,800 won by means of the above 58 times in total from the above date to July 29, 2013 as indicated in the list of crimes in the attached list of crimes.

Summary of Evidence

1. Statement of the prosecutor's statement of the accused;

1. Part C of the police interrogation protocol of the accused (2 times)

1. Statement of D police statement;

1. A statement of price and a written confirmation of transaction balance;

1. A report on investigation (a detailed statement of transaction) and a report on investigation (a list of crimes shall be attached);

1. Previous convictions in judgment: The application of Acts and subordinate statutes concerning investigation reports (a separate judgment becomes final and conclusive);

1. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) of the Criminal Act and the punishment of imprisonment with prison labor;

1. Reasons for sentencing under the latter part of Article 37 of the Criminal Act and Article 39 (1) of the same Act;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The sentencing criteria shall be based on; and