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(영문) 춘천지방법원 2016.10.19 2016고정393
사기
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On April 8, 2015, the Defendant was sentenced to two years of imprisonment for a crime of fraud in the original branch of the Chuncheon District Court on September 24, 2015, and the sentence became final and conclusive on September 24, 2015. On August 18, 2016, the Defendant was sentenced to two months of imprisonment for a crime of fraud in this court, and the sentence became final and conclusive on August 26, 2016.

Defendant

Around November 21, 2013, C conspired to acquire prepaid money by deceiving a multi-face business owner as if he/she will work at a multi-face, and then the Defendant and C, together with the Defendant and C, who are affiliated with D apartment 201 dong 502 at the home of the original city, concluded that the Defendant calls the victim E to “on the part of a person who wants to work as an employee from the Fda operated by the party,” and then, the victim and C, and C, the victim, “I want to work at Fda. However, if I want to work at Fda, I would have to pay back the same amount of money in advance, and would have changed the amount of money KRW 2 million to Fda.”

However, even if the defendant and C receive the advance payment from the victim, they did not have the intention or ability to work at the victim's multiples.

Nevertheless, the defendant and C obtained 2 million won from the victim, namely, C's Nong Bank account (Account Number G) from the victim and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect C by the prosecution;

1. Statement of the police statement of E;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (report attached to written judgments);

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that although the defendant has been punished for the same kind of crime over several times, the defendant reflects his mistake at present, and the crime of this case is concurrent with the case where each of the facts stated in the judgment.

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