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(영문) 청주지방법원 제천지원 2016.10.06 2016고단216
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 6, 2011, the Defendant was sentenced to imprisonment of two years and six months for fraud, etc. in the Gangseo branch court of the Chuncheon District Court, and completed the execution of the sentence on June 18, 2013.

around January 15, 2014, the Defendant moved to the victim C in the vicinity of the national bank located in the center of Seocheon-si around January 15, 2014, with a vehicle of 2010 and NAS 3.3 in the middle of 2010.

The money is immediately deposited as prepared.

The phrase “the expression was false.”

However, in fact, the Defendant did not have any intention or ability to sell the said vehicle to the victim because the Defendant was not in the state of securing the vehicle on the 2010-Sene 3.3., and the money received from the victim was expected to gamble in the casino.

The Defendant received KRW 8 million from the victim as the purchase price for the vehicle from the new bank account under the name of D on January 15, 2014; KRW 1 million from the same account on March 27, 2014; KRW 1 million from the same account on April 1, 2014; KRW 1.5 million from the new bank account under the name of E on April 4, 2014; KRW 300,000 from the new bank account under the name of D on April 7, 2014; KRW 5 million from the same account on April 14, 2014; and KRW 2.5 million from the non-registered account designated by the Defendant on April 4, 2014.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

【Criminal Facts in the Market】

1. Defendant's legal statement;

1. Statement to C by the police;

1. Investigation report ( telephone conversations of a suspect);

1. The principal financial transaction (C) (criminal records in the market);

1. A inquiry report on criminal records, etc.;

1. Application of Acts and subordinate statutes to investigation reports (suspect repeated crimes and confirmation of the same record);

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

1. The sentencing conditions stated in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, among repeated crimes, shall be determined as ordered by taking into account the following circumstances under Article 35 of the Criminal Act:

The crime of fraud was punished eight times.

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