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(영문) 인천지방법원 2018.07.18 2018고단1027
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal record] On December 16, 2016, the Defendant was sentenced to a two-year suspended sentence of imprisonment with prison labor for fraud, etc. at the Seoul Western District Court on June 2, 2017 and the judgment became final and conclusive on September 22, 2017.

[Criminal facts] The Defendant is a person who conducts artificial insemination business with no registration.

around January 2016, the Defendant would offer “F 1 points” operated by the victim E on the seventh floor of the G building in the G building of the G building in the G building of the G building of the G building of the G building of the G building of the G building of the G 70 million won.

“The purpose was to make false statements.”

However, in fact, the defendant did not pay the wages of the workers employed at the time, and most of the personal debt repayment and living expenses were thought to be used for the payment of the construction cost, so even if he received the construction cost based on the victim, he did not have the intention or ability to continue the above interior work properly.

As above, the Defendant: (a) by deceiving the victim; and (b) transferred KRW 7.25 million to the bank account (I) in the name of the Defendant’s wife on January 27, 2016; (c) KRW 6.5 million on the 28th of the same month; (d) KRW 8 million on February 1, 2016; (e) KRW 7 million on the 5th of the same month; (e) KRW 10 million on the 10th of the same month; and (e) KRW 7 million on the 19th of the same month; and (e) KRW 45.75 million on the 19th of the same month.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on financial transaction details, such as account transactions details, text notes, etc.;

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

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

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act appears to have used one of the 4,5750,000 won, which the defendant acquired from the injured party, to the Rotterdam Corporation. Since the previous criminal records and the latter part of Article 37 of the Criminal Act are concurrent crimes, it is necessary to consider equity in the case of concurrent crimes at the same time, and the defendant shall be the victim as a person who is a truster, and the victim shall be 25 million

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