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(영문) 의정부지방법원 고양지원 2017.11.24 2017고정613
사기
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On May 17, 2017, the Defendant was sentenced to imprisonment with prison labor and two years and six months at the Seoul Western District Court for fraud, etc. on September 1, 2017, and the judgment became final and conclusive on September 1, 2017.

On July 201, the Defendant issued a request to the victim B to affix a photograph of publicity materials at the Seongbuk-gu Seoul Metropolitan Government University on July 201, 201.

It is necessary to purchase a Kamera with no Kamera at present, and it is possible to repay 3 million won within one week from a per share.

‘False speech' was made.

However, the defendant did not have any particular property at the time, and even if he sold Kameras purchased or paid for the shooting of promotional materials, he did not have any intent or ability to repay Kameras, even if he did not have any obligation to repay Kameras with money from the victim.

The Defendant, as such, by deceiving the victim, received a total of KRW 3 million from the victim to the national bank account under the name of the Defendant on July 21, 201 and KRW 2 million on July 22, 201.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Details of passbook transactions;

1. Previous convictions in the judgment: The application of the text two copies of the judgment and the provisions of the Acts and subordinate statutes of inquiry of the case;

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;

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

1. The latter part of Article 39(1) of the Exempted Criminal Act (the crime recorded before and after the judgment becomes final and conclusive includes a majority of the fraudulent crimes of several methods similar to the crime of this case, and considering the total frequency of the crimes and the total amount of damage, etc., even if the defendant has been tried together with the crime of fraud in which the judgment became final and conclusive, it appears that he would have not been subject to more severe punishment. Thus, the crime of this case and the above crime for which the judgment becomes final and conclusive are exempted from punishment in consideration of equity and the same

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