(영문) 전주지방법원 군산지원 2015.12.04 2015고정443

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(영문) 전주지방법원 군산지원 2015.12.04 2015고정443

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Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

[criminal power] On March 4, 2013, the Defendant was sentenced to two years and six months to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in the Jeonju District Court's branch court's support on July 25, 2013, and the judgment became final and conclusive on July 25, 2013, and on June 3, 2014, the Defendant was sentenced to six months of imprisonment for a crime of fraud on June 11, 2014.

【Criminal Facts】

Around October 14, 2008, the Defendant and B introduced B as if they were the head of the above sub-branch, and B introduced a forged payment guarantee certificate to the victim as if they were the head of the above sub-branch. Around October 14, 2008, the Defendant and B were issued KRW 10 million from the victim's place of the non-indicted 10 million.

As a result, the defendant was provided property by deceiving the victim in collusion with B.

Summary of Evidence

1. Defendant's legal statement;

1. Part concerning C’s statement concerning the suspect interrogation protocol against the defendant

1. Copy of payment guarantee;

1. Previouss before and after judgments: Criminal history records, inquiry reports, investigation reports ( Results of disposition of related cases), application of statutes of the judgment;

1. Article 347(1) and Article 30 of the Criminal Act concerning the crime, the selection of fines, and the selection of fines;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment include the fact that the defendant recognized all of the crimes and reflects the fact that the victim does not want the punishment of the defendant, equity with the case that the judgment is rendered concurrently with the crime of the previous offense in which the judgment became final and conclusive, and other conditions of sentencing are considered, such as the age, character and conduct, environment and circumstances after the crime.

참조조문

-특정경제범죄 가중처벌 등에 관한 법률

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