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(영문) 인천지방법원 2014.11.13 2013고단4808
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On July 19, 2013, the Defendant was sentenced to ten months of imprisonment for fraud at the Incheon District Court, and the above judgment became final and conclusive on October 11, 2013.

On July 31, 2006, at G hotel coffee shop located in Jongno-gu Seoul Metropolitan Government F, the Defendant made a false statement to the victim H that “I lend money to the victim H that “I would sell the JJ charnel house in Mancheon-gun I and pay the principal to only one to two months.”

However, in fact, the defendant had not completed the establishment of a charnel at the time of completion of the outside of a charnel building on July 1, 2007, and there was no intention or ability to pay the principal for only one to two months since the establishment of a charnel building was not approved.

Nevertheless, the Defendant deceiving the victim as above, and received cash 40 million won from the victim's position.

In addition, from July 31, 2006 to July 27, 2010, the Defendant received a total of KRW 173 million from the victim by the aforementioned methods over 10 times, as indicated in the [Attachment Table Nos. 1 to 5, 7, 8, 9, 11, and 13] between the Defendant and July 31, 2006.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H and K;

1. Part of the protocol of interrogation of each prosecutor's suspect against the defendant

1. Statement by the prosecution concerning L;

1. The police statement of M;

1. The written statement of the defendant;

1. Each loan certificate, each book, each receipt of custody, photographs of a charnel, contracts for construction works, written agreements for the establishment of a charnel, statement of account transactions, and each written statement of accounts;

1. Two copies of the judgment (No. 2)

1. Previous convictions in judgment: Criminal history records, inquiry reports, and application of Acts and subordinate statutes;

1. The pertinent Article of the Criminal Act and the selective prosecutor of the punishment for the crime are all listed in the annexed list of crimes, and they were prosecuted as a single comprehensive crime by viewing that the act of acquiring each of the information stated in the annexed list of crimes is all based on a single criminal intent.

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