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(영문) 대구지방법원 김천지원 2019.11.27 2019고단465
사기
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

On November 22, 2012, the Defendant was sentenced to two years and six months of imprisonment for fraud, etc. in the branch court of the Daegu District Court on March 29, 2015, and the execution of the sentence was terminated on March 29, 2015. On February 9, 2017, the Daegu District Court sentenced two months of imprisonment for fraud, etc. and one year and four months of imprisonment, which became final and conclusive on February 23, 2017.

On November 2015, the Defendant made a false statement to the victim B, “I will have the victim B work in the office of the U.S. military unit of the U.S.-U.S.-U.S.-U.S.-U.-U.S.-U.S.-U.S.-U.S.-U.S.-U.S.-U.S.).”

However, the defendant had already been in a state of not working in the military unit of the U.S., and had been punished by deceiving money and valuables under the pretext of job placement services for the military unit of the U.S., and even if he received money from the victim, he did not have the intention or ability to find the victim's kys

On November 2015, the Defendant, by deceiving the victim, received cash of KRW 30 million from the air room in the Gumi-si, which is located in the 76 U.S. in the city of Gumi-si in the city of Gumi-si from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A certificate of borrowing, an application for registration of job seeking, and an application for job seeking;

1. Investigation report (to hear statements by the complainant B telephone);

1. Previous records: Application of the Act and subordinate statutes on criminal records, etc., written inquiry, written judgments, and personal confinement status;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. In the instant case (Tgu District Court Decision 2016Kadan6260) which was previously established and another final and conclusive judgment (in relation to the instant case (Tgu District Court Decision 2016Kadan6260) was rendered in the last sentence of Article 37 and Article 39(1) of the Criminal Act dealing with concurrent Crimes (of the crimes for which the judgment mentioned above became final and conclusive), the two punishments were imposed in accordance with the relationship with the Daegu District Court Branch Branch 2012Kadan1085, and the two months of imprisonment was sentenced.

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