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(영문) 광주지방법원 2018.11.08 2018고단3471
사기
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

[criminal records] On September 17, 2014, the Defendant was sentenced to three years of imprisonment for fraud, etc. to the Gwangju District Court, and completed the execution of the sentence in the Heung prison on February 24, 2017.

[Criminal facts] The Defendant: (a) around February 28, 2018, at the “D” operated by the victim C in the Si of Young-gun, Young-gun, Nam-gun, Young-gun, Nam-gun, the Defendant purchased the prosecution to the extent that he did not intend to pay the estimated amount.

Since there was no cash and no security card has been brought up, it is false that the prosecution would be transferred to the future at first of all, and that it was received 90 times the trend of the market value of KRW 1,080,000 from the injured party.

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

Summary of Evidence

1. The legal statement of the witness C;

1. Investigation report (Attachment of the same kind of court records, etc. related to the suspect), investigation report (Attachment of the court records related to the suspect);

1. Previous convictions in judgment: The application of a reply to inquiry, such as criminal history, and the result of prisoners search;

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

1. In light of the following facts and circumstances acknowledged by the evidence duly adopted and investigated by this court, determination of the Defendant and defense counsel’s assertion of aggravated repeated crime Article 35 of the Criminal Act, the Defendant appears to have no intention or ability to pay the price even if he/she purchases an accusation from the injured party.

Ultimately, the criminal intent of defraudation of the defendant is recognized.

In the investigative agency and this court, the victim would make a transfer to the account of the victim later while the victim would not sell the prosecution to the defendant, there is no cash for the defendant, and there is no security card, and there is no security card.

On the other hand, the Defendant stated to the effect that he believed the Defendant and brought the Defendant’s straw away on the Defendant’s vehicle into the studio.

However, the Defendant is another agricultural product at the time of committing the instant crime.

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