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(영문) 대전지방법원 천안지원 2018.05.24 2018고단848
사기
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

[Judgment falling under the latter part of Article 37 of the Criminal Act] On September 15, 2015, the Defendant was sentenced to observe and confiscateing the protection for one year and two months of suspended execution of one year and two months of punishment for special larceny in the Daejeon District Court Branch of the Daejeon District Court on September 15, 2015. The judgment became final and conclusive on September 23, 2015.

In addition, on January 13, 2016, the defendant was sentenced to imprisonment with prison labor for a year and four months in the Daejeon District Court for habitual night structure theft, etc., and on September 1, 2016, the defendant was sentenced to imprisonment with prison labor for four months in the Daejeon District Court for fraud, respectively, and on March 15, 2017, the above two rulings became final and conclusive.

[Criminal facts] The Defendant is in need of KRW 15 million from the victim C’s traffic accident agreement that occurred while driving a vehicle in the inside of the city at the university of Asan City on March 2014, the Defendant is in need of KRW 15 million from the traffic accident agreement.

Parental parents should prepare money.

The loan shall be repaid within three years if it is borrowed.

The phrase “ makes a false statement.”

However, the defendant did not have any intention or ability to pay the money even if he/she borrowed money from the damaged party due to the absence of any special property or income at the time of the traffic accident.

Around March 26, 2014, the Defendant: (a) by deceiving the victim as above; (b) received KRW 6 million in cash from the front side of the Sinsan City Masan Bank, from the victim; and (c) received transfer of KRW 5,829,511 to the bank account in the name of the Defendant on March 27, 2014.

Summary of Evidence

[Criminal facts]

1. Statement by the defendant in court;

1. Statement protocol (C);

1. Details of account transfer and receipt of loan [the confirmation of a judgment constituting concurrent crimes after Article 37 of the Criminal Act];

1. Written inquiry about criminal history, etc.;

1. Investigation report (Attachment of separate judgments on suspects, and attachment of final judgments after committing the crimes);

1. Court rulings bound in the records, application of the search statutes of cases;

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act and the choice of imprisonment with prison labor for the crime;

1. The latter part of Article 37 of the Criminal Code for the Treatment of Concurrent Crimes:

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