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(영문) 춘천지방법원 강릉지원 2014.01.23 2013고단826
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On May 13, 2009, the Defendant was sentenced to eight months of imprisonment for a crime of fraud at the Cheongju District Court on the same day, and the execution of the sentence is terminated on the same day, and on December 10, 2013, the Defendant was sentenced to ten months of imprisonment for a crime of fraud at the Gangnam Branch Branch of the Chuncheon District Court, which became final and conclusive on December 27, 2013.

【Criminal Facts】

On October 2010, the Defendant purchased money from the loan-free loan-free loan-free loan-free loan-free loan-free loan-free loan-free loan-free loan-free loan-free loan-free loan-free loan-free loan-free loan-free loan-free loan-free loan-free loan-free loan-free loan-free loan-free loan-free loan-free loan-free loan.

“The purpose was to make a false representation.”

However, in fact, the defendant did not have any special property due to bad credit standing, and there was no intention or ability to pay the credit amount even if he received money from the victim.

The Defendant received 13 million won in total from the victim, as security, on the same day as the number of shares issued by the F Company, and received KRW 4.8 million in total from December 9, 2010, KRW 5 million in December 13, 2010, KRW 5 million in December 30, 2010, and KRW 5 million in December 30, 2010, respectively.

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

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness G;

1. Statement to C by the police;

1. Each certificate of borrowing, certificate of borrowing, letter of payment, and note;

1. Details of transactions in each account;

1. A copy of the number of units;

1. Each judgment;

1. Previous convictions: References to criminal records, written rulings and application of Acts and subordinate statutes concerning investigation reports (verification of suspect confinement records);

1. Article 347 (1) of the Criminal Act by universal application of relevant provisions concerning the facts constituting an offense;

1. Article 35 of the Criminal Act among repeated crimes;

1. The sentencing guidelines do not apply to crimes subject to the setting of the sentencing guidelines for the reasons for sentencing under the latter part of Article 37 and Article 39(1) of the Criminal Act and latter concurrent crimes under the latter part of Article 37 of the Criminal Act.

The defendant has committed the same crime several times.

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