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(영문) 인천지방법원 부천지원 2014.11.20 2014고단1699
사기
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

The defendant pays 180 million won to the applicant for compensation by fraud.

Reasons

Punishment of the crime

On August 26, 2011, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Military Service Act in the Incheon District Court Branch Branch Office, and the judgment was finalized on December 26, 2011.

The prosecutor sentenced one year to imprisonment with prison labor at the Incheon District Court Branch Branch on June 13, 2012, and stated in the indictment that the crime of this case was in the relation of the latter concurrent crimes under Article 37 of the Criminal Act with the crime of fraud established on June 21, 2012. However, the crime for which the said judgment became final and conclusive is the crime (comprehensive crime) committed as of December 22, 2010 and the crime of violation of the Military Service Act of which judgment was final and conclusive on December 31, 2010 (the case for which two years have been suspended from imprisonment with prison labor at the Incheon District Court Branch Branch Branch Branch on December 23, 2010), and the crime of this case (the crime was completed on January 3, 2011, which was after the judgment on the crime of violating the former Military Service Act became final and conclusive) cannot be deemed concurrent crimes under Article 37 of the Criminal Act at the same time.

On February 2, 2009, the Defendant made a false statement to the victim B, who is the victim of VIP customer counseling bank D at the IBK Bank D branch in Seocheon-si, Seocheon-si, Seocheon-si, 2009, stating that “IBK Bank D will purchase VIP customers at low price due to the default of the shop in question.” The Defendant graduated from Bocheon-si and entered Hong-si, and the Red-Ik University was well aware of Bocheon-si's shopping shop in its neighboring location. The Defendant also made a false statement to the effect that “IBK Bank D branch will purchase the unsold price in lots of Boto-U.S., by recognizing the money from Bocheon-si, IBK Bank D branch.”

However, in fact, the defendant was trying to use money from the victim as a share fund or to pay his personal debt, and there was no intention or ability to purchase an unsold price in Boto shopping mall for the victim.

As such, the Defendant, by deceiving the victim, received KRW 10,00,000 from the victim’s agricultural bank account under the name of the Defendant on February 13, 2009, and received KRW 10,000 from the victim, and the list of crimes from around that time to January 3, 201 is attached.

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