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(영문) 전주지방법원군산지원 2020.09.09 2020고단288
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On February 5, 2020, the Defendant was sentenced to six months of imprisonment for fraud with the Jeonju District Court on March 31, 2020, and the said judgment became final and conclusive.

【Criminal Facts】

Around March 5, 2010, the Defendant made a false statement to the effect that “A victim D, who became aware of in the hotel coffee shop B at the time of influence B, through friendly job offering C, becomes the chairperson of the Development Committee at all times,” “A person who becomes aware of influence E.b. B, he/she would be able to give removal construction by using the cost of the week and entertainment expenses, etc.”

However, the defendant had no intention or ability to order the removal of the victim from the beginning because he was faced with economic difficulties at the time, and even if he was paid money by the victim as entertainment expenses, he was thought to be used for personal purposes such as living expenses, etc., and he was not aware of the Chairperson of the Development Committee at the time.

Ultimately, the defendant deceivings the victim as above, and is in the same month from the victim to the G bank account (H) in the name of Dong F, under the pretext of entertainment expenses from the victim.

8. A total of KRW 3 million, KRW 4 million on the 12th of the same month, KRW 2 million on the 23th of the same month, and KRW 10 million on the 26th of the same month, which were received through a total of four occasions, and acquired through deceptions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Previous convictions in judgment: A statement of inquiry results and application of three copies of judgment-based Acts and subordinate statutes;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant was unable to reach an agreement with the victim, the scale of damage, and the method of the crime committed by the defendant does not have any criminal record other than the previous conviction in the last twenty years, and the crime of this case is in the concurrent relationship between the crime of fraud with the judgment that became final and conclusive and the latter part

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