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(영문) 청주지방법원 2018.11.22 2018고단1425
사기
Text

A defendant shall be punished by imprisonment for not less than eight 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 February 22, 2018, the Defendant was sentenced to one year and six months of imprisonment for fraud and four years of suspended execution at the Cheongju District Court, and the judgment became final and conclusive on August 17, 2018.

[2] On October 20, 2016, the Defendant made a phone call to the victim C to offer money to the victim to the extent that it is necessary to defend.

“A false statement” was made.

However, given that the Defendant had no special property at the time and had a bad credit standing, the instant facts charged added to the instant facts charged, “Inasmuch as he/she had access to, and gambling in, the Gangseoland.”

However, according to the evidence, the defendant denies this part of the facts charged (Evidence Nos. 193 through 203) and the defendant's last entry into Gangwon Ireland is the time of August 10, 2016, and there is no subsequent entry record, and thereafter there is no record of cash withdrawal related to Gangwon Ireland. Accordingly, the defendant's change in the indictment is accepted and this part of the facts charged is not acceptable.

Even if the damage is caused by water, there was no intention or ability to pay the fish price.

The Defendant, as seen in this case, deceiving the victim, and was supplied by the victim, from October 24, 2016 to November 27, 2016, the total market price of KRW 138,450,000, totaling 19 times from November 27, 2016, the Defendant did not pay KRW 67,450,000 out of the price.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1.Payments of payment

1. Books of transactions;

1. A trading statement;

1. Investigation report (Investigation report and revision, and telephone conversations for witnesses);

1. Report of investigation (case of an amount receivable of a suspect);

1. Previous convictions: Application of a reply to inquiries, such as criminal history, written judgments, and outputs of consolidated cases;

1. Article 347 (1) of the Criminal Act, and the choice of imprisonment, inclusive, with prison labor under Article 347 of the Criminal Act and the choice of applicable laws and punishment for the crime

1. The Criminal Act dealing with concurrent crimes;

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