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(영문) 수원지방법원 안산지원 2015.08.27 2015고단1474
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On February 12, 2014, the Defendant was sentenced to imprisonment with prison labor for not more than ten months for fraud in the Suwon District Court's Ansan Branch, and the judgment became final and conclusive on February 20, 2014.

Around July 4, 2013, the Defendant made a false statement to the effect that “C” calls from the victim D to purchase one of the 2.5 tons of used freight, and transfer KRW 13.1 million for the purchase price.”

However, the defendant had no intention or ability to allow the purchase of the cargo because he thought that he will use it to repay his personal debt.

As such, the Defendant received a total of KRW 13.1 million from the victim by deceiving the victim and being delivered KRW 11.4 million around September 3, 2013, and KRW 1.7 million around November 6, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A complaint;

1. A copy of a statement of transactions by account;

1. Business registration certificate;

1. A credit information statement;

1. Previous records of judgment: Criminal records, investigation reports, application of statutes, such as judgment, etc.;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

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 defendant, on the ground of sentencing of Article 334(1) of the Criminal Procedure Act, committed the crime of this case five times prior to the crime of this case, even if he had been punished by a fine and has committed the crime of this case, he again committed the crime of this case even though he had the record of being punished by the suspension of the execution of imprisonment with prison labor, and in light of the fact that it has not been repaid for damage even though the amount of defraudation by the crime of this case

However, the fact that the defendant has committed a crime and is against himself, voluntarily surrenders, equity in the case that the judgment was rendered at the same time as the judgment became final and conclusive, and other defendants.

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