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(영문) 서울중앙지방법원 2015.09.04 2015고합229
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On April 26, 2013, the Defendant was sentenced to a suspended sentence of 8 months in Seoul Central District Court, which was sentenced to 2 years of imprisonment for fraud, and the judgment became final and conclusive on May 4, 2013.

The Defendant made a false statement to the victim C, who called a part-time lecturer while attending a university and the Defendant, stating that “after purchasing and receiving a heavy-time vehicle through a part-time export with a part-time driver, and then selling proceeds will occur in the Philippines, Russia, etc...”

On the other hand, even if the Defendant received money from the victim, he did not have the intent or ability to sell it in the Philippines, Russia, etc., and was thought to have been used as repayment of the existing debt borne by the Defendant, or as funds for the operation of the Buss

On November 17, 2006, the Defendant, by deceiving the victim as above, received KRW 1,800,000 from the victim to the Defendant’s post office deposit account, from then on December 5, 2008, received total of KRW 663,755,00 (except No. 169) as shown in the annexed crime list from that time.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution, and the suspect interrogation protocol of the accused by the prosecution (the first and the substitute);

1. Written statements of D;

1. Each letter, letter-faf course photograph, photo-fafaf course, photo-fafabrics, tape-recordings ( December 30, 2009), tape-recordings ( January 6, 2010), tape-recordings ( February 23, 2010), and tape-recordings ( August 7, 2010);

1. A reference sheet of the requested details of transactions, details of financial transactions, details of transactions (National Bank E), and details of transactions (Korean BankF);

1. Application of the instant summary agreement assistant agreement ( April 14, 2014) and criminal records-related statutes

1. Relevant Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 347 (1) of the Criminal Act for the crime;

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

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are below.

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