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(영문) 전주지방법원 군산지원 2016.09.21 2016고단487
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On February 3, 2009, the Defendant was sentenced to two years of imprisonment for a crime of fraud at the Jeonju District Court. On April 24, 2009, the Defendant was sentenced to two years of imprisonment for the same crime in the same court, and on October 21, 2009, sentenced to one year and six months to the same crime in the same court, and completed the execution of each of the above punishment at the Jeonju Prison on November 21, 2013. On November 25, 2015, the Defendant was sentenced to three years of imprisonment for a crime of fraud at the Jeonju District Court, and the said judgment became final and conclusive on May 31, 2016.

On January 10, 2015, the Defendant became aware of the fact that the Defendant was working as the head office for the comprehensive national land industrial development under the Ministry of Land, Infrastructure and Transport under the Ministry of Land, Infrastructure and Transport.

At the request of them, they made a false statement to the effect that they are employed as a full-time employee of the modern automobile in which children are enclosed.”

However, the defendant did not work as the head of the Korea Land and Industry Development Headquarters, and even if he received the above funds from the injured party because he did not know of the officers and employees belonging to the modern automobile, he did not have any intention or ability to find employment with the injured party.

After all, the Defendant, by deceiving the victim and being transferred from the victim, KRW 70 million to the new bank account (number E) in the name of D on January 30, 2015 from the victim, under the same year.

2.10. Receiving the remittance of 15 million won to the same account.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of each police officer against C or F;

1. Details of transactions on complaint forms and passbooks;

1. A previous conviction: A reply to inquiry, such as criminal history, reporting on the result of confirmation of the previous conviction and previous conviction of the disposition, reporting on the acceptance of personal data, each investigation report (Attachment to the judgment), written judgment (Attachment to the judgment), application of Acts and subordinate statutes to investigation reports (written inquiry into

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

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The latter part of Article 37 of the Criminal Act, provided that Article 39(1) (the instant crime and the instant crime on May 31, 2016) is applicable.

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