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(영문) 광주지방법원 순천지원 2018.05.04 2017고단2849
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 28, 2013, the Defendant was sentenced to a suspended sentence of three years for a period of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) at the Suwon Friwon method (a crime of violation of the Punishment of Violences, etc.) and the judgment became final and conclusive on December 6, 2013

The defendant did not have a consultation on the operation of the Deputy Commissioner of the Sejong-si Office with the D golf course in 1,00, and there was no possibility of transferring the above right to the third party or receiving premium.

Nevertheless, the defendant recruited three Deputy Business Operators around September 7, 2013 in E.

The Internet advertisement called "Guarantee of 12 million won for monthly income" shall be posted, and the victim F who reported and contacted it shall be operated by the Three Deputy Chiefs of Korea.

We are operating the Deputy Director of the YDD golf course, who makes a false statement that 40 million won is deposited as down payment.

On September 10, 2013, the Defendant received KRW 40 million from the damaged party to the Saemaul Treasury account in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A certificate of deposit verification;

1. Previous convictions in judgment: Application of a reply to inquiries, such as criminal history, text of judgment, and the results of search of integrated cases;

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. The latter part of Article 37 of the Criminal Procedure Act: Provided, That the reason for sentencing under Article 39(1) has not been completely recovered; on the other hand, the defendant has no same criminal record; the defendant has reflects it; the defendant's age, sex, criminal conduct, family relationship, environment, circumstances and result of the crime; and the circumstances after the crime have been committed shall be comprehensively considered, and the punishment as set forth in the Disposition above shall be determined.

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