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(영문) 대구지방법원 김천지원 2017.05.19 2016고정492
사기
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

[criminal records] On October 16, 2009, the Defendant was sentenced to imprisonment with prison labor for a crime of fraud at the Seoul Eastern District Court on October 16, 2009, and the judgment became final and conclusive on October 24, 2009.

[Criminal facts]

1. In May 2008, the Defendant called the victim B at a place where it is not known to the Defendant’s early May 2008 to the Seoul National Police Agency or Seoul Viewing Standing Team.

Upon graduation of the children of the political party, it may be organized into the Seoul Metropolitan City Mayor or the Seoul Viewing Standing Team.

As the funds to be paid to the persons concerned need to be transferred to the persons concerned, a false statement was made that the remittance of KRW 5 million is required.

However, in fact, the Defendant was scheduled to use the money deposited from the victim to pay the individual debt, so there was no intention or ability to enter the victim's children into the Seoul City Mayor or the Seoul Viewing Standing Team using the money deposited from the victim as the street funds.

The defendant deceivings the victim as above, and was transferred KRW 5 million to the account in the name of D as a secret loan around May 10, 2008 from the damaged party.

2. On May 12, 2008, the Defendant, by deceiving the victim in the same manner as the statement in paragraph (1) around May 12, 2008, received KRW 2.7 million from the victim’s wife E through the same day under the name of the victim’s wife E.

3. On August 14, 2008, the Defendant: (a) by deceiving the victim in the same manner as the statement in paragraph (1) around August 14, 2008; and (b) received 300,000 won from the victim under the same day as the street funds.

4. The Defendant, on September 26, 2008, by deceiving the victim in the same manner as the statement in paragraph (1) around September 26, 2008, received 500,000 won from the victim under the same day as the street funds.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A detailed statement of entry and withdrawal;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes on investigation report (the confirmation of the sentence of the same paper crime);

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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