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(영문) 춘천지방법원 원주지원 2017.05.18 2017고단205
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On October 23, 2013, the Defendant was sentenced to three-year imprisonment for fraud, etc. at the Chuncheon District Court, and completed the execution of the sentence on May 22, 2015.

On October 2, 2016, the Defendant: (a) participated in the auction of the F Hospital and receive the award from the victim E in the “DHS” located on the 11:00 Won-si on October 22, 2016; (b) requires the volume of KRW 1.8 billion to receive the award of the F Hospital; and (c) prepares only a bid bond for an auction equivalent to 10% among them, the remainder of the Fund will be provided.

In order to prepare a bid bond, 40 million won is to purchase an electronic bill amounting to KRW 100 million per won, and if the bill distributor sells it to the bill distributor, 200 million can be prepared within a week. It makes a false statement to the effect that the amount of KRW 200 million is to be paid as a bid bond and then the hospital is awarded a successful bid and the entire profit is divided. It receives 17.26 million from the victim E to the corporate bank account (G) account in the name of the defendant on October 31, 2016, and receives 1.7 million won from the victim E, and receive 21 million won check from the victim H, and receive 40 million won in total, and receive 40 million won in the above account.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. A detailed statement of deposit transactions, A’s bank, copy of passbook, receipt of deposit confirmation, and a detailed statement of transactions;

1. Each investigation report (for example, 8, 10, 12, 13, 16);

1. Previous convictions: Application of inquiries, such as criminal history, replys to inquiries and the current status of personal expropriations;

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act and the choice of punishment for the crime;

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommendation] The reason for sentencing under Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommendation] general fraud [10 million won or less] / [1 year to 2 years or 6 months] the same type of repeated crime [the person subject to special aggravation] is the same crime committed during the repeated crime period, in light of the amount of damage, the issue is not less easy, damage has not been repaid, and the defendant in the record intends to recover damage.

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