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(영문) 대전지방법원 천안지원 2015.02.06 2013고단1126
사기
Text

A defendant shall be punished by imprisonment for one year.

The application for compensation of this case is dismissed.

Reasons

Punishment of the crime

[criminal power] On March 24, 2005, the Defendant was sentenced to imprisonment for one year with prison labor for larceny in the Daegu District Court and racing support, and completed the execution of the sentence on April 18, 2006.

【Criminal Facts】

Around January 4, 2007, the Defendant received KRW 5 million from the victim to June 12, 2009 as the purchase cost of state-owned land, and acquired KRW 128,070,600 through a total of 45 times as indicated in the crime list, such as acquisition tax and other land transfer cost, guarantee insurance, etc., from the victim to June 12, 2009.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness E's legal statement (the recognition of credibility in light of the background of specifying the details of damage, such as the entries in the list of crimes in the annexed sheet in an investigative agency, the developments, contents, consistency, etc. of the overall statement);

1. Investigation report (report on results of digital analysis) and investigation report (report on results of tracking the accounts of the victim);

1. Responses to requests for the details of each financial transaction;

1. The details of a single bank deposit passbook, one bank savings deposit passbook, savings deposit passbook, agricultural bank deposit passbook, savings deposit passbook in the name of a child, savings deposit passbook in the name of a child, receipt of deposits without passbook, savings deposit passbook, savings deposit passbook, copy of deposit without passbook, and copy of the statement of transactions of a spouse bank;

1. Photographs;

1. Previous records: Application of Acts and subordinate statutes to criminal records, investigation reports (limited to the judgment of repeated crime and confirmation data);

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (generally, choice of imprisonment);

1. Article 35 of the Criminal Act among repeated crimes;

1. Dismissal of an application for compensation;

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