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(영문) 서울중앙지방법원 2015.03.20 2015고정466
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 9, 2013, the Defendant was sentenced to one year of imprisonment with prison labor for special larceny, etc. at the Seoul Central District Court, and the said judgment became final and conclusive on the 17th of the same month.

On August 7, 2012, the Defendant made a false statement to the effect that “On the panty construction site in Jeju-si B, the Defendant would pay 50,000 won to the victim C for the settlement of credit card price, and then receive cash service after paying the card price.”

However, even if the defendant borrowed money from the victim, he did not have the intention or ability to repay it.

The Defendant, as such, by deceiving the victim, received 550,00 won from the victim’s seat to the Jeju Bank Account under the name of the Defendant.

In addition, from August 7, 2012 to August 17, 2012, the Defendant deceivings the victim on three occasions, such as the list of crimes in the attached Table, and acquired the total amount of KRW 9,638,194 from the victim.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. A complaint;

1. The results of each transfer management statement;

1. Previous records of judgment: Application of criminal records, references to criminal records, amounts of vision and reporting results of confirmation (Attachment to judgment) Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 (1) of the Selection of Penalty)

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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