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(영문) 광주지방법원 순천지원 2019.05.16 2019고단529
사기
Text

A defendant shall be punished by imprisonment with prison labor for two months for each crime listed in paragraphs 4 through 6 in the table of crime sight in the annexed list of crimes.

(e).

Reasons

Punishment of the crime

On August 9, 2016, the Defendant was sentenced to one year and one year and six months of imprisonment for fraud, etc. in the Western District Court Branch Branch of the Daegu District Court on August 9, 2016, and the judgment became final and conclusive on August 17, 2016, and on August 8, 2018, the Gwangju High Court sentenced one year and three years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and became final and conclusive on October 5, 2018.

On June 28, 2016, the Defendant stated that “A victim E, who sold a net stand before D food truck in front of the CM truck located in Jeju City, would be able to punish KRW 2,700,000 by 40,000 on one month from a street store, even if he/she did so at the street.”

However, even if the defendant received 2.7 million won from the victim, he/she did not have the intention or ability to pay 400,000 won in one month, and he/she thought to use it individually.

The Defendant, as well as from around that time to February 9, 2017, by deceiving the victim to receive KRW 2.7 million from the victim to G account in the name of wife F (H) and by deceiving the victim to pay money to the victim for a total of six times, as shown in the attached list of crimes, and acquired the money by transfer of KRW 23.1 million to the account.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Account statement;

1. Previous convictions in judgment: Application of inquiry results, investigation reports (verification of the fact that a suspect is admitted to a Jeju Correctional Institution), copies of each judgment, and investigation reports (report attached to judgment of a suspect A) Acts and subordinate statutes;

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

1. From among the rulings rendered on August 19, 2013 among the crimes under the latter part of Articles 37 and 39(1) [Attachment Table 1 through (3)] of the Criminal Act concerning concurrent crimes, each of the crimes ( sentenced to imprisonment with labor and six months) committed after June 19, 2013 and the rulings rendered on August 8, 2018, each of the crimes before August 17, 2016 ( sentenced to imprisonment with labor for one year and two years, and the sequence 4 through 6 in the annexed list of crimes shall be sentenced on August 8, 2018.

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