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(영문) 춘천지방법원 영월지원 2014.02.07 2013고단634
사기
Text

The defendant is sentenced to four months of imprisonment with prison labor for each of the crimes set forth in Nos. 1 to 3 and 6.

Reasons

Punishment of the crime

On June 30, 2008, the defendant was sentenced to the suspension of the execution of imprisonment with prison labor for six months at the Busan District Court on July 8, 2008.

On October 16, 2007, the Defendant made a false statement that “If the Defendant borrowed expenses to dispose of the inherited land of Gangwon-do, it would have it repaid to the victim with the money that he borrowed before disposing of it.”

However, in fact, the defendant did not have any land located in Gangwon-do, and even if he borrowed the above money, he did not have any intention or ability to repay it because he thought to use it for living expenses, etc.

As such, the Defendant, by deceiving the victim, received 4 million won from the victim to the account in the name of F, and acquired it by defrauding it, and acquired it by defrauding the total of 15.3 million won through six times, such as the statement in the attached crime list.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police officer's statement about D and G;

1. Each complaint;

1. Previous records: Application of Acts and subordinate statutes, such as inquiry reports and investigation reports (report accompanied by a written judgment);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act (the sequence 1 to 3, and paragraph (6) of the same Article of the Criminal Act for the treatment of concurrent crimes (mutual crimes, such as fraud for which judgment has become final and conclusive);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (each of the crimes described in the table Nos. 1 through 3, and Article 50 (6) of the Criminal Act);

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the defendant deposited KRW 9 million for the victim D, the fact that the defendant commits a mistake, the fact that each crime listed in the table of crimes Nos. 1 through 3, and 6 of the holding, shall be considered in consideration of the fact that a judgment has become final and the fact that a concurrent crime listed in the latter part of Article 37 of the Criminal Act is to be adjudicated simultaneously;

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