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(영문) 대구지방법원 2017.06.14 2017고단2706
사기
Text

A defendant shall be punished by imprisonment for not less than two months.

Reasons

Punishment of the crime

On August 31, 2011, the Defendant was sentenced to imprisonment for fraud at the Incheon District Court for two years and six months, and completed the execution of the sentence on December 4, 2013.

On October 2016, the Defendant, within the scope of “M” working for the victim L in the third floor of the K Building in Guri-si, Mari-si, Mari-si, would return money to the victim after selling by public auction the goods and alcoholic beverages attached to the Incheon Airport Customs Office.

A public auction is not possible, and a friendly Gu is going to the Asset Management Corporation, and friendly Gu residents are awarded a successful bid for the attached articles.

3 million won in the old account, and 200% of the principal and interest are returned together after the month.

The phrase “the phrase was false.”

However, in fact, there was no friendly way to attend the Asset Management Corporation, and there was no idea to use the above money as the money for public sale, so there was no intention or ability to pay the victim the proceeds through public sale.

As such, the Defendant, by deceiving the victim as such, received money from the victim to the Saemaul Treasury account in the name of the Defendant, which is KRW 4 million on the 24th of the same month, KRW 2 million on the 25th of the same month, and KRW 9 million on the 26th of the same month.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement in the police statement protocol concerning L;

1. Each description of the certificate of confirmation, copy of passbook, and written description;

1. Previous convictions: Application of respective Acts and subordinate statutes to a reply to inquiry, such as criminal history, investigation report (written indictment and confirmation of pending trial cases and judgment of repeated crime), and text of judgment;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The reason for the sentencing of Article 35 of the Criminal Act for aggravated repeated crimes [the scope of the statutory punishment] The punishment of one month or twenty years [the determination of types] from one month to twenty years [the general fraud] [the person subject to special sentencing] - the area of aggravation [the determination of the territory of recommendation] of the same repeated crime of the same kind as the aggravated element [the scope of recommendation] [the scope of recommendation] one year to two years and six months [the person subject to general sentencing]. The aggravated element is different.

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