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(영문) 춘천지방법원 강릉지원 2017.05.10 2017고단19
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

(2) On May 16, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Road Traffic Act at the center of means of flood control on May 16, 2012, and the period of parole expires on December 24, 2012, which was paroled on February 13, 2013 during the execution of the sentence, and on March 21, 2017, on March 29, 2017, the Defendant was sentenced to imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the Gangseo Branch of the Chuncheon District Court, and the said judgment became final and conclusive on March 29, 2017.

[2] On August 1, 2014, the Defendant made a false statement to the effect that, at the D office where the Defendant, who is a defendant in Seongbuk-gu, Sungnam-si, is in office as a director, the mother of the victim E, who is an elementary school, is in office as his mother, and that, at the same time, the Defendant would guarantee the principal if he makes an investment in the internal fire fighting and golf business, and pay the interest on every five parts of the month.

However, in fact, the Defendant did not have invested in the above businesses, and there was no particular property and income, so even if receiving the said money from the injured party, there was no intention or ability to guarantee the principal and interest of the investment.

On August 26, 2014, the Defendant: (a) by deceiving the victim; (b) obtained transfer of KRW 15 million to the Saemaul Treasury account in the name of F, the mother of the Defendant, from the victim; (c) KRW 15 million to the same account on September 6, 2014; and (d) KRW 10 million to the same account on September 24, 2014; and (c) acquired by defrauding them.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Part concerning E in the police interrogation protocol for the accused;

1. Statement made by the police for E;

1. Complaint;

1. A statement of withdrawal transactions by period, a copy of a name tag, a process deed, an original copy of a loan certificate, a loan certificate, and a disposable new data (transaction details);

1. Each investigation report (Adjustment of the details of disbursement of telephone conversations and defrauded money toG);

1. Previous conviction: The defendant's assertion of a reply to inquiry, such as criminal history, investigation report (prior conviction and confirmation of repeated offense).

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