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(영문) 제주지방법원 2015.06.26 2015고정394
사기
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On May 29, 2013, the Defendant was sentenced to three years of imprisonment with prison labor at the Jeju District Court for fraud, etc., and the judgment became final and conclusive on October 31, 2013.

On November 13, 2012, around 15:20 on November 13, 2012, the Defendant made a false statement to the victim C that “I would pay the material cost in advance. I would now have to pay the material cost in advance. I would like to pay the material cost directly with the down payment if you deposit the material cost.”

However, the fact was that the defendant was not in the previous transactional relationship with the victim, and there was no intention or ability to repay the above money even if it was received from the victim.

Nevertheless, the Defendant received 600,000 won from the victim's bank account (Account Number E) in the name of No.D and acquired it.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Statement to C by the police;

1. A certificate of the results of transferring the amount of damage;

1. Investigation report (specific suspect);

1. Previous convictions in judgment: Application of a certified copy of judgment and the detailed inquiry into cases;

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

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The latter part of Article 39 (1) of the Criminal Act exempted from punishment (the fact that it is recognized as an event room and reflects on it, the amount of fraud is a relatively small amount, and the equity in the case of judgment concurrently with the crime on which judgment becomes final and conclusive);

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