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(영문) 수원지방법원 2016.06.24 2015고단5012
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 10, 2004, the Defendant was released on November 30, 2006, when he was sentenced to two years and six months of imprisonment for fraud at the Incheon District Court, and the remaining term of imprisonment has expired on December 28, 2006. Around June 18, 2009, the Seoul Southern District Court sentenced five years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Seoul Southern District Court, and the judgment became final and conclusive on December 24, 2009.

On August 6, 2008, the Defendant’s “E” restaurant operated by the victim D in Suwon-si, Suwon-si, Suwon-si, which is the victim D, requires money to be used as funds for the promotion of projects and the street funds for the high-ranking workers of the Ministry of National Defense due to lack of the inspection.

A loan shall be repaid when the business commences.

“ ........”

However, even if the defendant received the borrowed money from the injured party, he did not have the intention or ability to use it for the delivery business of the Ministry of National Defense, and did not have the intent or ability to pay the borrowed money to the injured party.

As above, the Defendant, as well as by deceiving the victim as above, received 7 million won from the victim to the national bank account under the name of the Defendant on the same day from the victim. From that to December 18, 2008, the Defendant deceivings the victim at least eight times in total, as shown in the list of crimes in the attached Table of crimes, and received transfer from the victim totaling KRW 71 million.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and F;

1. Statement of the protocol concerning the interrogation of the accused by the prosecution;

1. Statement made by the prosecutor in the protocol concerning D;

1. Each statement made against the defendant in each protocol concerning the suspect interrogation of the police;

1. Statement made in the police statement protocol with D;

1. A trading statement and a summary of oral proceedings;

1. Previous convictions in judgment: Application of each of the Acts and subordinate statutes in six copies of the inquiry letter, the text of judgment and summary order, such as criminal history;

1. Article 347 of the Criminal Act concerning criminal facts and the choice of punishment

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