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(영문) 광주지방법원 해남지원 2018.10.25 2018고단309
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the defendant shall be sentenced to the above punishment for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal records] On June 14, 2012, the Defendant was sentenced to six months of imprisonment with prison labor for a crime of false accusation in the Sungnam branch of Suwon branch of Suwon branch of the Seoul High Court and two years of suspended execution, and the judgment was finalized on December 13, 2012. On April 22, 2016, the Seoul High Court sentenced imprisonment with prison labor for a crime of fraud at the Seoul High Court for three years and six months, and the judgment became final and conclusive on April 30, 2016.

[Criminal facts] The Defendant is a person who was the Chairperson of Songpa-gu Seoul Metropolitan Government (G) D.

On August 201, the Defendant made a false statement to the victim F, operated by Songpa-gu Seoul Police Officer F, that “The Defendant invested a large amount of money in the development of technology that can see Korean broadcasting in real time in U.S., as one U.S.,” to the victim’s G store operated by Songpa-gu Seoul Police Officer, “If it lends money that needs to be paid first, it would be deep by selling U.S. S. S. S. S. S.

However, the real-time broadcast did not develop U.S. non-technology and could not be realized. The Defendant did not have any intent or ability to complete payment even if he/she borrowed money from the injured party.

However, around August 18, 201, the Defendant received 8,000,000 won from the injured party to the company bank account (H) in the name of the Defendant, and acquired 114,938,145 won in total from the damaged party from around that time to June 27, 2012, as shown in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to F;

1. Correspondence;

1. A certificate;

1. A detailed statement of the use of Samsung Cards, personal past transaction status, and account transaction;

1. Each report on investigation;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a copy of each judgment;

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The Defendant, on the grounds of sentencing of Article 62(1) of the Criminal Act, has acquired money from the damaged person through deception for a long time.

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