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(영문) 춘천지방법원 속초지원 2014.11.19 2013고단289
사기
Text

A defendant shall be punished by imprisonment for six months and a fine of five hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On May 14, 2009, the Defendant was sentenced to a suspended sentence of ten (10) years of imprisonment with prison labor for fraud in the territorial branch of the Chuncheon District Court, and the judgment became final and conclusive on May 22, 2009.

On October 2008, the Defendant made a false statement to the effect that “E operated by the victim D” in the Criet located in Criet in Jeju Island was “E” to the victim at the convenience point of the trade “E”.

However, the Defendant, while working as an employee, was insufficient to cover the monthly wage of 1.2 million won, such as monthly rent. There was no property owned by the Defendant. There was a debt of 2.4 million won to a financial company at the time, and a debt of 2.4 million won was over KRW 31 million, so even if the Defendant borrowed money from the victim, he did not have any intent or ability to complete payment.

Accordingly, the Defendant, as such, was informed of the victim by deceiving the victim, and received 3 million won from the victim around that time, from that time until September 16, 2009, a total of 7,200,000 won from that time by the same method as in the list of crimes in the attached Table, from that time.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. A certificate of borrowing;

1. Each report on investigation;

1. Previous convictions in judgment: Criminal records and the application of Acts and subordinate statutes governing one written judgment;

1. Relevant Article 347(1) of the Criminal Act concerning the facts constituting an offense and Article 347(1) of the choice of punishment (attached Form Nos. 1 through 3 shall be comprehensively sentenced to imprisonment with prison labor and the acts of fraud in the sequence 4 above shall be subject to fines);

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 3 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Although there are extenuating circumstances such as not restoring damage under Article 62(1) of the Criminal Act, the total amount of the defrauded money is not a relatively large amount.

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