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(영문) 인천지방법원 2017.11.09 2017고합476
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for not less than four years and six months.

Reasons

Punishment of the crime

On February 6, 2013, the Defendant was sentenced to six months of imprisonment for fraud at the Incheon District Court, and on March 10, 2013, the enforcement of the above sentence was terminated at the Incheon Detention House.

On March 2015, the Defendant stated that “A victim H introduced through F and G at the E coffee shop near Bupyeong-gu Incheon, Incheon, the Defendant would be 50% of the shares in the right to operate a restaurant in the I funeral hall if he/she is the head of J of the I Foundation, and 600 million won is the head of J of the I Foundation.”

However, in fact, the Defendant is only a human-friendly relationship with J and has no relation with the right to operate the restaurant of the above funeral hall. Moreover, even if the Defendant received money from the injured party from the injured party, the Defendant did not have the intent or ability to reduce the share of the right to operate the restaurant of the above funeral hall even if he was to receive money from the injured party.

As such, the Defendant, by deceiving the victim, received KRW 100 million from the victim’s new bank account under the name of the Defendant on May 20, 2015, from the victim, and received KRW 600 million in total five times from around that time to June 11, 2015 as indicated in the following list of crimes.

On May 20, 2015, 50% of the shares in the right to operate a restaurant in I funeral hall of 100 million won on May 20, 2015.

A summary of the evidence of KRW 600,000,000,000 won on May 21, 2015, KRW 400,000,000 on June 3, 2015, KRW 400,000,000 on June 3, 2015, KRW 500,000,000,000 on five occasions from the damage to the Defendant’s new bank account (K) in the name of the Defendant.

1. Statement by the defendant in court;

1. Each police statement made to H, F, and G;

1. Terms and conditions of the same business, details of transactions, letters of confirmation of facts, and letters and notes;

1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history and report criminal investigations (verification of suspect A repeated crimes);

1. Relevant Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 347 (1) of the Criminal Act (including the case) for the crime;

1. Reasons for sentencing of Article 35 and the proviso to Article 42 of the Criminal Act for aggravated repeated crimes;

1. Legal provisions;

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