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(영문) 서울중앙지방법원 2016.12.02 2014고합1396 (1)
특정경제범죄가중처벌등에관한법률위반(사기)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

To the extent that the facts charged in the indictment do not disadvantage the defendant's exercise of his/her right to defense, some correction or correction was made according to facts obtained through the examination of evidence.

[criminal power] On March 14, 2014, the Defendant was sentenced to 8 months of imprisonment for fraud and 2 years of suspended execution at the Seoul Eastern District Court on March 22, 2014, and the judgment became final and conclusive on March 22, 2014. On August 10, 2016, the Incheon District Court sentenced the Defendant to 6 months of imprisonment for fraud and became final and conclusive on August 25, 2016.

【Criminal Facts】

On August 14, 2010, the Defendant made a false statement to the victim C to have the victim obtain a loan of 15 billion won when he/she paid necessary expenses for the loan.

However, even if the defendant received expenses from the victim, he did not have the intention or ability to obtain the loan from the victim.

As such, the Defendant, by deceiving the victim and deceiving it from the victim, wired the victim with a total of KRW 3.8 million, including KRW 8 million on August 14, 2010 and KRW 3.8 million on August 19, 2010, to the account in the name of D managed by the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and C;

1. A copy of the police interrogation protocol against the defendant (the number No. 1 of the prosecutor evidence list (hereinafter referred to as the "net number") is only

28) Partial statements

1. Some statements in the copy of the protocol of interrogation of suspect E by the prosecution (No. 64);

1. Partial statement of C in a copy of the police statement (No. 33) concerning C;

1. Copy of the complaint (number 29), copy of the list of crimes (number 30), and copy of the remittance statement (number 32);

1. Previous convictions in the judgment: Application of a copy of investigation report (No. 106), a copy of the judgment (No. 108), each judgment (No. 116, 117) and Acts and subordinate statutes, and an auxiliary to the agreement of cases (No. 118);

1. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) of the Criminal Act and the selection of fines for criminal facts;

1. The latter part of Article 37 and Article 39 of the Criminal Code to treat concurrent crimes.

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