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(영문) 수원지방법원 2018.10.25 2018고단4875
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[criminal record] On March 16, 2018, the Defendant was sentenced to a suspended sentence of one year and two months as a crime of fraud at the Suwon Franchi, and the judgment became final and conclusive on the 24th day of the same month. On May 3, 2018, the same court in the same court was sentenced to a suspended sentence of three years for a crime of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) on the 11st day of the same month.

[2] On February 22, 2016, the Defendant called the victim F in E, which is located on the fifth floor of the D Building at Sungsung-si, D, and would be able to receive KRW 500,000,00 from the victim F, so that the Defendant may receive KRW 500,000,000,000 from the victim F.

The money made a false statement that he/she will be paid back immediately.

However, in fact, the defendant was thought to prevent the return of the money received from the injured party because he/she was liable to pay several billion won to the injured party due to the construction cost per contract, the water-saving expenses, etc., and there was no intention or ability to change.

The defendant was granted 4,50,000 won, excluding interest, from the injured party, and the same year from that time.

4. Until May 1, 200, a total of KRW 6,7330,00 was delivered from the injured party as shown in the annexed crime list.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. The details of the entry and withdrawal of the Korean bank account, the details of the deposit and withdrawal of the national bank account, the details of the deposit and withdrawal of the agricultural bank account, the certificate of transfer confirmation (50 million won), the copy of the passbook (2700,000 won), and the details of the deposit and withdrawal of the Korean bank;

1. Previous convictions in judgment: Inquiry about criminal history, investigation report (Attachment of the text of the judgment), and application of the statutes governing the judgment;

1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice 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. The reasons for sentencing under Article 62(1) of the Criminal Act are as follows.

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