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(영문) 광주지방법원목포지원 2020.10.27 2020고단1352
사기
Text

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

Reasons

Punishment of the crime

[criminal power] On January 29, 2015, the Defendant was sentenced to one year of imprisonment for a crime of fraud in the Gwangju District Court Branch Branch on November 29, 2015, and the above judgment became final and conclusive on November 29, 2015. On March 6, 2020, the above judgment became final and conclusive on March 14, 2020 upon having been sentenced to two years and six months of imprisonment for a crime of fraud in the same court.

【Criminal Facts】

On September 1, 2017, the Defendant said that the Defendant would pay 17,000 won per week to the victim D, who is a new farmer, at the C Office, which is a fishery products distributor operated by the Defendant in Sinpo City B, and that the Defendant would supply a new letter to the victim D.

However, in fact, the defendant has already been supplied with the new shots from many new shots, and the amount of the new shots supplied by the victim has been accumulated, and if he has received the price by supplying the new shots supplied by the victim to other places, he did not have the intention or ability to pay the new shots to the other new shots.

Ultimately, the Defendant, by deceiving the victim as above, received approximately KRW 690 kgs equivalent to the market price of KRW 11,730,000 from the victim on the same day, and received approximately KRW 331,330,000 from around that day to October 8, 2017, a total of 25 times, as shown in the annexed crime list, issued approximately KRW 19,490 gs.

Summary of Evidence

1. Statement of suspect interrogation of the defendant regarding E in court;

1. Each investigation report on D's police statement (documents submitted by a suspect), business registration certificate, new sale and purchase account books, account statements, investigation report (new transaction details submitted by a suspect) in 2016, 2017, and investigation report (with respect to the details of fishery market transactions submitted by a suspect) (with respect to the documents submitted by a suspect);

1. Previous convictions in judgment: Application of criminal records and investigation reports (Korean files of the same kind of case) Acts and subordinate statutes;

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. Article 35 of the Criminal Act among repeated crimes:

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