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(영문) 수원지방법원 성남지원 2014.12.22 2014고단1741
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

On October 21, 2011, the Defendant was sentenced to one year to imprisonment for a violation of the Act on the Control of Narcotics, Etc. at the Sungwon District Court's Sungnam branch on April 13, 201 and completed the execution of the sentence at the Suwon detention center on April 13, 2012.

On February 20, 2013, the Defendant was sentenced to one year to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, etc. (fence) in the above gender-Nam support and the same year.

7. 9. While the above judgment became final and conclusive, the victim C was detained due to the suspicion of medication of narcotics and, in the case of a narcotics offender, the victim may be sentenced to a reduction of punishment in the case of reporting the separate narcotics case, to provide the victim with the information on the other person's narcotics case that may be informed to the investigative agency. The victim has expressed the intent to obtain money under the pretext of fraud.

Around December 2013, the Defendant: (a) informed the victim of the intention or ability to provide the victim with the information on narcotics; (b) deceiving the victim to the effect that “I wish to provide the victim with the information on narcotics that is not discovered by the investigation agency from time to time in relation to the human rights management officer or employee of China; and (c) would provide the information on such a case if I want to pay money; and (d) allow I to inform the investigation agency of the narcotics case; and (e) by deceiving the victim, I received KRW 15 million from the victim via D, the human rights of the Defendant, around December 26, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each investigation report (Attachment to the details of transactions and the receipt of a postal money order sent by D);

1. Previous records: Application of Acts and subordinate statutes to criminal records, and criminal investigation reports (attached to outputs printed by the accused, attachment of written judgments, and references to the current status of Ah/Incarceration);

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The reason for sentencing Article 35 of the Criminal Act, among repeated offenders, has a record of having been punished several times due to the crime of the same or different kind, and even if the defendant was a repeated offender, he does not know about the period of punishment.

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