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(영문) 수원지방법원 2018.10.24 2017고단8560
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 16, 2009, the Defendant was sentenced to one year and two months of imprisonment for fraud at the Suwon District Court, and eight months of imprisonment for fraud at the same court on May 12, 2010, and was released on December 24, 2010 during the execution of each of the above punishment, and the parole period expired on March 25, 201. On November 1, 2013, the Defendant was sentenced to four years and six months of imprisonment for fraud at the Chungcheong District Court, and the judgment became final and conclusive on January 29, 2014.

On June 2012, the Defendant called “D” house located in Young-gu, Suwon-gu, the husband of the victim B, that “I would have the victim operate a restaurant at the construction site of the Namyang-gu E apartment site.” On July 2012, the Defendant called that “I would like to have the victim operate the restaurant,” and that “I would like to have the victim operate the restaurant by calling the victim at the beginning of the early of July 2012, in order to leave the restaurant, with the cost of making the kitchen at the kitchen, KRW 50 million, the cost of purchasing the kitchen, KRW 20 million, and KRW 20,000,000,000, if you send money, and if you send money, I would like to create and operate the restaurant with the money.”

However, the defendant did not have any relation to the above restaurant, and there was no intention or ability to allow the victim to operate the restaurant.

Nevertheless, on July 11, 2012, the Defendant: (a) by deceiving the victim and deceiving the victim; (b) received KRW 50 million from the account (G) in the name of the F Company Bank (G) designated by the Defendant on July 11, 2012; and (c) received KRW 20 million from the same account on July 12, 2012 and acquired it by defrauding KRW 70 million in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to B and H;

1. Certificates of deposit confirmation, inquiries into details of liquidity transactions, and replys;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, the current status of personal confinement, and application of Acts and subordinate statutes to report criminal investigations (Attachment to the same type of crime);

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. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The latter part of Article 37 of the Criminal Act, however, Article 39(1) of the Criminal Act provides that the reasons for sentencing are concurrent crimes after Article 37 of the Criminal Act.

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