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(영문) 인천지방법원 2016.06.10 2016고단2596
사기
Text

A defendant shall be punished by imprisonment for not less than two months.

Reasons

Punishment of the crime

On February 6, 2013, the Defendant was sentenced to one year of imprisonment for fraud at the Chuncheon District Court, and was released on August 14, 2013 during the execution of the sentence, and the parole period expired on October 16, 2013.

The Defendant, together with AE, will be an employee, from the CD for the operation of the VictimCC in Macheon-si around May 12, 2015, the Defendant would be an employee with the amount of KRW 5 million and KRW 7.5 million to AE.

A false statement was made.

However, at the time of fact, the defendant and the AE did not have any special property and income, and even if they receive advance payment from the victims, such as receiving advance payment from many other victims, they did not intend to work as employees or to complete payment of advance payment.

The Defendant, together with AE, by deceiving the victim and delivering 90,000 won in cash from the damaged party, was transferred 1,2410,000 won through the Saemaul Treasury Account in the name of AE (E).

The defendant received the property of the victim in collusion with AE.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect toCC and CF;

1. Previous convictions in judgment: Application of statutes, such as written judgments;

1. Relevant Article 347 of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the selection of criminal facts;

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes is that the criminal defendant committed the instant crime during the period of repeated crimes in fraud, the amount of the instant fraud, and the circumstances in which the criminal defendant was sentenced to punishment for the same criminal act as the instant case and is currently pending in the appellate trial.

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