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(영문) 서울중앙지방법원 2017.10.19 2017고정2538
사기
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On April 2, 2015, the Defendant was sentenced to eight months of imprisonment for a crime of fraud, etc. in Seoul Eastern District Court 2014 High Order 3611, and the said judgment became final and conclusive on July 28, 2015. On May 21, 2015, the Seoul Central District Court 2015No2231, which was sentenced to six months of imprisonment for a crime of fraud, etc., and the said judgment became final and conclusive on October 28, 2015, and on July 22, 2016, the Seoul Eastern District Court 2015 High Court 1715 High Order 1715, which was sentenced to six months of imprisonment for a crime of fraud, etc., and the said judgment became final and conclusive on November 4, 2016.

On March 25, 2014, the Defendant subscribed to the award system equivalent to KRW 6 million in the limit operated by the injured party C at the Saundong, Dongjak-gu Seoul Metropolitan Government around March 25, 2014, and would normally pay the money to the injured party “on the face of the week in advance.”

“The phrase “ was false.”

However, even if the person has received the guidance from the actual damage, there was no intention or ability to pay the guidance money normally.

As such, the Defendant, by deceiving the victim as such, received 3.8 million won from the victim under the pretext of a guidance around April 1, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

1. A copy of the complaint, a copy of the fraternity, and a deposit book of the fraternity;

1. Each police investigation report;

1. Previous convictions in judgment: The application of a reply letter, such as a copy of each written judgment, criminal history, and reporting prior convictions and results of confirmation;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

2. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

3. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

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

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