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(영문) 춘천지방법원 원주지원 2018.10.11 2018고단883
사기
Text

A defendant shall be punished by imprisonment for four months.

The defendant compensates the applicant for the amount of KRW 9.9 million.

Reasons

Punishment of the crime

On March 18, 2016, the Defendant was sentenced to imprisonment with prison labor for two years and six months at the Cheongju District Court for fraud, and completed the execution of the sentence on September 21, 2017. On May 30, 2018, the Defendant was sentenced to imprisonment with prison labor for one year at the Chuncheon District Court's original branch for fraud, and the judgment on June 8, 2018 became final and conclusive.

1. On December 4, 2017, the Defendant committed a crime on or around December 4, 2017: (a) phone call to the victim C, who had a fluence at a fluoral site on December 4, 2017; and (b) the mother performed a heart surgery; and (c) hospital expenses are needed.

On January 5, 2018, a false statement was made to the effect that “A person would repay money by January 5, 2018,” and that person received KRW 4 million from the damaged person’s account on December 4, 2017 from the Defendant’s account.

2. On December 30, 2017, the Defendant committed a crime on or around December 30, 2017: (a) KRW 5 times the proceeds from a public sale of the goods seized to the Incheon Customs Office by telephone to the victim from an insular land on or around December 30, 2017.

On December 30, 2017, the payment of KRW 3.5 million was made by means of false statement to the effect that it would be repaid at KRW 4 million until January 5, 2018 by executing a public auction with the payment of KRW 3.5 million. The payment was obtained by the Defendant’s account from the victim on December 30, 2017.

3. On December 31, 2017, the Defendant is obviously aware that the “30....” as stated in the indictment on December 31, 2017 is a clerical error in the “31......” and thus, ex officio the Defendant is correct.

The objects seized by the Incheon Customs Office are added to the victim by telephone from the fluoral land.

A false statement is made to the effect that payment of KRW 2,40,000 is to make a lot of profits after a week on the face of a week, and it is apparent that the “the same day” as stated in the indictment on January 1, 2018 is a clerical error in the “1. January 1, 2018” and thus, ex officio is made ex officio.

It received 2,400,000 won from the defendant's account and acquired it.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. An explanatory note, a loan certificate, a financial transaction statement of the principal, and a statement of financial transactions;

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as a reply to inquiries, such as criminal history;

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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