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(영문) 대전지방법원 2016.09.12 2016고단2399
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On June 21, 2012, the Defendant was sentenced to eight months of imprisonment for fraud at the Daejeon District Court, and completed the execution of the sentence at the public prison on December 17, 2012.

On January 14, 2016, the Defendant called “E” for the “E” of the victim D’s operation in Daejeon-gu Daejeon-gu, Daejeon-gu, Daejeon-gu, and called “Abscoping to prepare 9 boxes of his/her birth, as soon as he/she did so,” and visited the said store at around 14:40 on the same day and called “Abscoped by a person who called.”

On the other hand, the vehicle was towed, and the mobile phone and wallets are included in the vehicle.

The reason was that 30,000 won was leased, and the reason was that us would purchase cherb and repay the borrowed money.

However, in fact, the defendant only attempted to acquire money by taking advantage of a chill's purchase, but did not have the intention or ability to pay the money borrowed from the victim.

The defendant deceivings the victim as above and obtained 30,000 won in cash from the victim and acquired it by fraud.

In addition, the Defendant received a total of KRW 1,315,00 from February 6, 2014 to July 16, 2016, a total of KRW 29 times, such as the written list of crimes in the attached Table, and acquired it respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. Each statement (including copies thereof) of F, D, H, I, J, K, K, G, L, M, M, P, Q, Q, R, T, U, V, X, Y, Z, AB, AC, AD, AD, AE, and AF;

1. Data on the search of victims and each CCTV image (Evidence Nos. 17, 20, 26, 27, 39, 41, 57, 60, 63, 67);

1. Each internal investigation report and investigation report (including the list Nos. 4, 10, 12, 32, 35, 44, 45 (CCTV screen));

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as inquiry results, replys to inquiries, investigation reports (the filing report of previous calendar rulings);

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

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reason for sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes.

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