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(영문) 부산지방법원 2014.04.25 2014고정315
사기
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On October 16, 2009, the Defendant was sentenced to a suspended sentence of two years for fraud at the Ulsan District Court on August 24, 2009. On October 24, 2009, the judgment became final and conclusive on October 24, 2009. On August 31, 2010, the same court was sentenced to a suspended sentence of two years for imprisonment for a crime of fraud, and the judgment became final and conclusive on September 8, 2010.

Around 15:00 on May 30, 2008, the Defendant made a false statement to the victim “Duntile room” in the “Dundong,” in the operation of the victim C in Yangyang-si, Yangyang-si, Yangyang-si, the Defendant, stating, “I will sell and pay at least 30 percent of the profits from selling and selling in the same manner as the principal.”

However, the fact did not have the ability to purchase merchandise coupons more heavily than the market.

The Defendant, as such, by deceiving the victim, received KRW 5,40,000 from the victim for the purchase of merchandise coupons.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Receipts without passbooks;

1. Previous records: Results of the search of each case bound in the records of public trial, and the application of the Acts and subordinate statutes governing each decision;

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 Article 39(1) of the Criminal Act (if judgment was rendered at the same time as each of the crimes in this case in which judgment became final and conclusive, it shall be deemed that no more severe punishment was imposed even if the crimes in this case were included therein, and thus, it shall be exempted from punishment against the defendant in this case);

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