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(영문) 의정부지방법원 2016.04.27 2016고단802
사기
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 2006, the Defendant made a false statement to the victim D that “I would be fine because I would sell military duty free goods at a store, so I would be fine. I would like to say that I would like to say that I would be fine.”

However, in fact, the defendant could not seek tax-free goods, and even if he did not receive money from the injured party, such as using the money from the injured party for the repayment of his personal debt, there was no intention or ability to seek tax-free goods.

The Defendant received KRW 3 million from the injured party on March 31, 2006 as the purchase price for duty-free goods and received KRW 223,360,000 in total from March 21, 2009 to March 21, 2009, as shown in the list of crimes in the annexed crime list, from the time to March 21, 2009.

Accordingly, the Defendant, as seen above, received property worth KRW 223,360,000 by deceiving the victim.

Summary of Evidence

1. Defendant’s legal statement

1. Each protocol concerning the examination of the suspect against the accused by the prosecution (including DNA statements);

1. Statement made by the police against D;

1. An investigation report (report on the details of transactions in passbooks - Details of transactions in the new bank account, and details of transactions in the agricultural bank account);

1. Application of Acts and subordinate statutes on settlement details, credit card transaction details, transaction specifications, card cards, and bank account details;

1. Article 347 (1) of the Criminal Act applicable to the facts of the crime (a comprehensive selection of imprisonment, with prison labor);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following favorable circumstances):

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order [the scope of recommendation] The reason for sentencing under Article 62-2 of the Social Service Order Act (the scope of recommendation] in the area of mitigation (10 million won or more, but less than 500 million won), where punishment is not imposed or considerable damage is recovered [the person who is specially mitigated] [the person who is subject to punishment], or where considerable damage was restored [the sentence] [the decision of punishment] by deceiving a victim over a long period of time, and the criminal liability

The defendant has been punished for the same kind of crime, and he is lockedly and intentionally under the investigation of this case.

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