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(영문) 제주지방법원 2015.08.12 2015고단563
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On December 2, 2013, the Defendant made a false statement to the effect that “The Defendant would create KRW 15 million by investing in futures options at the time of springing 2014” to the victim C, a prisoner in the same correctional institution located in Jeju-si, Jeju-si, Jeju-si, Jeju-si.

However, in fact, the Defendant became a bad credit holder due to the failure to pay credit card payments, and the Defendant did not have any property or income, and made a stock investment by lending money from those who did not have any other property or income, but continued to suffer loss, and thus, the Defendant was bound by the suspended execution. Therefore, even if he received money from the victim as the name of investment, there was no intention or ability to pay the profit properly

As above, the Defendant, by deceiving the victim as above, received two 3.2 million won between December 21, 2013 and December 31, 2013, and acquired 3.2 million won from the victim and acquired 3.2 million won.

The Defendant, at the Jeju District Court on June 18, 2015, sentenced four years of imprisonment for a crime of fraud at the Jeju District Court, and the judgment became final and conclusive on June 26, 2015, and the instant crime was committed before the said judgment became final and conclusive. However, separately from the aforementioned previous conviction, the Defendant committed a concurrent crime under the latter part of Article 37 of the Criminal Act, since the crime for which the sentence of imprisonment became final and conclusive on December 20, 2013, was committed before the said judgment became final and conclusive on December 20, 2013, and was committed before the said judgment became final and conclusive on December 20, 2015, since the crime of this case was committed before the judgment became final and conclusive on December 20, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes on a letter sent by the suspect, and a copy of a bankbook under the name of the suspect;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the order of provisional payment.

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