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(영문) 대전지방법원 2013.09.06 2013고단1848
사기
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant was sentenced to two years of imprisonment with prison labor at the Seoul Northern District Court on January 7, 2010 and the said judgment became final and conclusive on May 7, 2010.

At the end of August 2006, the Defendant stated to the effect that “D” restaurant located in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu, Seoul with the victim E, the Defendant would use five credit cards from the victim, and would be able to receive a reduction of the amount in arrears at a low amount of money due to the delayed payment of approximately KRW 40 million.” The Defendant stated to the effect that “The Defendant would be able to receive a reduction of the amount in arrears from the victim, because there are many people who want to go to the credit card company.”

However, the defendant did not have any intention or ability to resolve the victim's overdue credit card payments or the money received from the victim at a small amount.

Nevertheless, the defendant makes a false statement as above, and it belongs to it from the victim.

9.1. 3.5 million won, and the same month;

6. The Defendant transferred the sum of KRW 8 million, KRW 10 million on the 13th of the same month, and KRW 24.5 million on the 19th of the same month to a deposit account in the name of a national bank in the name of F managed by the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. A written statement of the police record concerning E;

1. A complaint, a copy of each passbook, and a criminal investigation report (to be heard by a complainant E);

1. Previous records: Application of inquiry reports on criminal records, etc. and investigation reports (Binding copies of judgments of the same kind before a suspect) Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant is suffering from his mistake and is divided, and the crime of this case is the latter concurrent crimes under Article 37 of the Criminal Act, and the judgment has already become final and conclusive.

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