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(영문) 창원지방법원 2017.10.26 2017고정737
사기
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal records] The Defendant, at the Changwon District Court on December 9, 2010, sentenced 6 months of imprisonment with prison labor for a violation of the Labor Standards Act, and 2 years of suspended execution, and on December 7, 2010, stated in the indictment on December 17, 2010, is obvious that it is a clerical error in the indictment on December 17, 2010, and thus, it shall be corrected ex officio.

The judgment becomes final and conclusive, and on January 6, 2012, the same court sentenced one year to imprisonment for fraud, etc. and on January 14, 2012, the defendant submitted the parcel form.

Even if the above judgment was final and conclusive on January 14, 2012 after the prosecutor's appeal period expired.

The judgment is final and conclusive.

[2] On October 30, 2009, the Defendant made a false statement to the victim D that “The Defendant would supply scrap metal of 50 tons per month to be 50 tons per week for steel processing business,” and that “The Defendant would supply scrap metal of 25 million tons per week by wire payment.”

However, there was no intention or ability to supply scrap metal of about 50 tons per month or to return scrap money even if the debt was immediately closed immediately before the closure of the business, and even if the victim received the advance payment from the injured party.

As such, the Defendant, by deceiving the victim as such, received the remittance of KRW 25 million from the victim under the name of the same day in advance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Details of passbook transactions;

1. Previous convictions in judgment: Application of a reply to inquiry about criminal history, report on investigation (Attachment of the judgment attached thereto), investigation report (the confirmation report on the fixed date) and Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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