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(영문) 광주지방법원 2018.03.08 2017고단4690
사기
Text

Defendant shall be punished by imprisonment with prison labor for not less than 4 months and not less than 6 to 8 years each year of the same Table for crimes in the annexed list of crimes.

Reasons

Punishment of the crime

[Majority Relationship] On August 10, 2016, the Defendant was sentenced to a two-year suspended sentence of imprisonment with prison labor for a crime of fraud, etc. at the Suwon Friwon, and the said judgment became final and conclusive on August 18, 2016.

[2] The defendant, around April 5, 2016, has been working as a safety monitoring member in Gangnam-gu Seoul Metropolitan Government “C” in the Gangnam-gu Seoul Metropolitan Government, and the defendant has been working as a director for the safety monitoring member in the Dispute Resolution D to pay the victim E with the money required for the business.

It is expected to increase the monthly salary at the time of lending money, and promote it to the head of the personnel team.

“.....”

However, even if the defendant borrowed money from the victim, he was planned to use it for the defendant's living expenses without using it for the business, and even if he did not have any fixed income at the time, he did not have any intent or ability to raise the monthly salary of the victim or to promote it.

Nevertheless, the Defendant deceiving the victim as above and received KRW 1,200,000 from the victims to the bank account in the name of the Defendant from the person who is affiliated therewith, as the borrowed money, from the time of the transfer of KRW 1,20,000 to the bank account in the name of the Defendant, and from October 20, 2016, by deceiving the victim as shown in the list of crimes in the attached Table, and received KRW 21,740,000 over eight times.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. Investigation report (the suspect's details of account transactions and credit information confirmation), the details of transactions by the Saemaul Treasury, etc., the details of transactions by the KEB Bank, and A credit information;

1. Previous relationship: A reply to inquiry, such as criminal history, report on investigation (the fact that a criminal suspect's judgment has become final and conclusive), and the application of statutes attached thereto;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. The latter part of Article 37 of the Criminal Code for the Treatment of Concurrent Crimes, provided that Article 39 Section 1 (the above crime for which judgment has become final and the attached crime list.

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