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(영문) 대전지방법원 서산지원 2018.09.06 2018고단245
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[criminal records] On June 3, 2016, the Defendant was sentenced to four months of imprisonment for a crime of fraud at the Seosan Branch of the Daejeon District Court, and the above judgment became final and conclusive on October 14, 2016. On September 11, 2015, the Daejeon District Court sentenced imprisonment with prison labor for eight months for the crime of occupational embezzlement, and the above judgment became final and conclusive on September 19, 2015.

[Criminal facts] The Defendant, at D’ D’ D’ D’ D’K located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do, on January 2013, 2013, employed victims E as G honests located in Seosan-si F.

It is necessary to pay 30 million won to the G vice-head in order to pay money to 20 million won.

On the other hand, a false statement was made that the children of the political party may be employed as a member of the suspension from office in G.

However, at the time, the Defendant embezzled the funds of several million won in a three-day credit information company, which was working, and consumed them for personal purposes. Since the Defendant had been in excess of the debts without any specific assets at the time, even if he received money from the injured party, he did not have any intention or ability to make the injured party be able to consume it as G honest.

Nevertheless, the Defendant: (a) by deceiving the victim as above and acquiring a total of KRW 20 million including KRW 5 million on February 6, 2013, and KRW 20 million on March 21, 2013, including KRW 15 million on March 21, 2013, from the victim to the account of Korea Post in the name of the Defendant (Account Number H).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Complaint;

1. Copy of the bankbook E; and

1. Investigation report (detailed statement of financial transactions of complainants) and detailed statement of transactions of automated machines;

1. Inquiries about account details under the name of the defendant;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report-based previous convictions and results of confirmation;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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

1. Suspension of execution;

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