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(영문) 대전지방법원 2017.07.18 2017고단2191
사기
Text

The defendant is punished by imprisonment with prison labor for each crime listed in [Attachment 1] and [Attachment 2] and [Attachment 3-7].

Reasons

Punishment of the crime

On March 28, 2008, the Defendant was sentenced to a suspended sentence of six months of imprisonment with prison labor for fraud, etc. at the Daejeon District Court on April 5, 2008, which became final and conclusive on April 5, 2008. On March 18, 2009, the Daejeon District Court sentenced a suspended sentence of one year of imprisonment with prison labor for the purpose of fraud, which became final and conclusive on March 26, 2009.

Criminal facts

On July 8, 2008, the Defendant made a false statement to the victim D to the effect that “I would have the victim enter into a subcontract for the construction work of the inside and outside shopping districts and the memorial factory, so I would have the victim enter into a contract for the construction work of the inside and outside shopping districts and the memorial factory with money as activity expenses.”

However, in fact, the defendant was willing to receive money from the injured party to use it for personal debt repayment, etc., and there was no intention or ability to allow the injured party to subcontract the above work.

As such, the Defendant, by deceiving the victim, received KRW 5 million from the victim on the same day as the check, and received KRW 2 million from the victim on July 11, 2008 to the post office account under the name of the Defendant on the same day, and acquired a total of KRW 7 million. From around that time to February 16, 2013, the Defendant acquired a total of KRW 93,300,000 from the total of 7 victims, such as the list of crimes in the attached Form.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to C, E, F, G, H, D, and I;

1. Previous convictions: Application of inquiry results and investigation reports (suspect A's fraud records and attachment of judgment)-related Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act for the suspension of execution;

1. The defendant with reasons for sentencing under Article 32(1) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss Application for Compensation is a person who has the same criminal history, and is another person who is under the suspension of execution due to the same crime.

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