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(영문) 광주지방법원 2016.03.31 2016고단541
사기
Text

1. The defendant shall be punished by imprisonment for one year;

2. The Defendant shall be an applicant C with the amount of KRW 600,000, and the amount of compensation.

Reasons

Punishment of the crime

[J] On February 11, 2014, the Defendant was sentenced to one year and six months of imprisonment due to habitual fraud, etc. at the high military court of the Ministry of National Defense, such as the Ministry of National Defense, and completed the execution of the sentence on March 11, 2015.

[2] The Defendant: (a) had been aware of the money before the path of the path of the path of the path of the path of the path of the path of the path of the path of the path of the path of the path of the ra

The Defendant, around June 6, 2015, wanting to purchase a mobile phone at the Internet Internet server and at the national website, the Victim H want to purchase a mobile phone.

On May 24, 2015, from May 24, 2015 to February 8, 2016, 8,989,000 won was transferred from the victim to the Agricultural Cooperative (Account Number I) account in the name of the defendant, and then the victim acquired the money by deceiving the amount of KRW 8,00,00 in total over 92 times from May 24, 2015 to February 8, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made against J, K, L, M, N,O, P, Q, R, and S;

1. Each statement, each written complaint, and each written complaint;

1. Each deposit receipt, each statement of bank transactions, each statement of transfer confirmation, and investigation report (for the head of passbook used for committing a crime, only);

1. Previous convictions in judgment: Inquiry about criminal history, application of the Acts and subordinate statutes concerning personal identification and confinement;

1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 25 (1), 31 (1), 31 (2), and 3 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings for Orders for Compensation and Sentence of Provisional Execution;

1. The sentencing of Article 32(1) and (2) and Article 25(3)3 of the Act on Special Cases Concerning the Promotion, etc. of Lawsuit for Dismissal of Application for Compensation (in the case of applicant G, the existence of liability for compensation is unclear, as it is not indicated as a victim in the list of crimes in the annexed crime).

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