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(영문) 수원지방법원 평택지원 2018.09.13 2018고단242
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[Power of crime] On April 17, 2014, the Defendant was sentenced to two years and six months of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Daejeon District Court’s Support for the Incheon District Court (Acheon) and three years of suspended execution, and the said judgment became final and conclusive on November 20, 2014.

[2] The Defendant, on April 10, 2014, ordered the victim B to work on a motor vehicle in a mutually influent restaurant located in the Eup among Pyeongtaek-si located in Pyeongtaek-si.

If so, it is necessary to arrange for entertainment expenses, etc., and send 20 million won as it requires 20 million won.

different types.

The phrase “ makes a false statement.”

However, in fact, even if the Defendant did not have an automobile chemical operation department and received money from the injured party, it was expected that it will be used as an individual agreement of traffic accident, so there was no intention or ability to allow the injured party to work on a motor vehicle.

Nevertheless, the Defendant, as seen above, was wired KRW 20 million to the post office account (C) in the name of the Defendant on the same day from the person who deceivings the victim and who is affiliated therewith, and KRW 3 million to the same account on May 15, 2014, respectively.

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 B;

1. Investigative into the principal's financial transactions and details of financial transactions;

1. Previous conviction: Inquiry about criminal history and application of the Acts and subordinate statutes reporting criminal history;

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, the reason for sentencing provided for in Article 39 (1) of the same Act;

1. Criteria for sentencing: The basic area (from June to January 6) in the category 1 (less than KRW 100 million) shall be nonexistent from June to June 1 (the scope of recommended punishment).

2. Determination of sentencing below the sentence, taking into account the following circumstances, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, the sentence identical to the order shall be determined.

- The crime of this case is committed.

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