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(영문) 춘천지방법원 강릉지원 2016.03.30 2014고단258
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

An application for remedy by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

[Before the latter part of Article 37 of the Criminal Act] The Defendant was sentenced to a penalty of KRW 10 months of imprisonment and KRW 19 million for fraud, etc. in the Gangnam branch of the Chuncheon District Court on February 18, 2014, and the said judgment became final and conclusive on May 16, 2014.

[2] On March 2013, 2013, the Defendant: (a) in the “E Game Chapter” located in Gangnam-si, Gangnam-si; (b) was aware of the Defendant’s knowledge of the Defendant, the Defendant would be able to impose a large amount of money on the Victim C to run an illegal adult game; (c) if the Defendant invested KRW 20,000,000,000,000,000,000 won were equally divided; and (d) the Defendant had already arranged the place of money on the back of

“.....”

However, in fact, the Defendant was liable for the amount of KRW 30 million at the time, while there was no particular income, and there was no idea to jointly operate the game room with the victim and the game room because of the lack of the fact that he leased the game store, and all the money received from the victim was considered to have been consumed due to living expenses, etc.

On March 11, 2013, the Defendant: (a) by deceiving the victim in front of the packing end of the victim in Gangseo-si H on March 11, 2013; and (b) received 1.5 million won from the victim under the pretext of investment money from the victim; and (c) from the time of such deception, it

6. Until August 18, 198, a total of KRW 23.4 million was delivered over 11 times, such as the list of crimes in the annexed sheet, and acquired it by fraud.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against C;

1. A complaint;

1. The details of text messages on a mobile phone;

1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history, reporting on the results of confirmation of the previous convictions and dispositions, and reporting on each investigation (report on the details of the progress of the case, the confirmation date of the defendant's case, and attachment

1. Article 347 (1) of the Criminal Act comprehensively including the relevant Article of the Act and the choice of punishment for the crime (the choice of imprisonment);

1. After Article 37 of the Criminal Code, Article 39(1) (it shall be decided on May 16, 2014) of the Criminal Code, which became final and conclusive.

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