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(영문) 대구지방법원 2018.10.18 2018고단3040
사기
Text

A defendant shall be punished by imprisonment for not less than five months.

Reasons

Punishment of the crime

On Oct. 17, 2015, the Defendant changed the number of expenses related to employment on Nov. 17, 2015 to the victim C at the Meart Center located in Daegu-gu, Seoul-gu, to the effect that he would have his friendship in Korea exercise overall control over the military units of the U.S. military in Korea.

However, the defendant was unaware of the military personnel authority of the U.S. military, and did not talk about the victims of the U.S. military. At that time, the defendant thought that he would use the money received from the damaged person due to economic difficulties such as receiving living expenses from the Gu office among Daegu, and did not have the intention or ability to have the injured person employed in the U.S. military.

As such, the Defendant, by deceiving the victim, received KRW 2 million from the victim to the post office account under the name of the Defendant on the same day from the victim, for the employment expenses of the military unit, from that time until April 21, 2016, received a total of KRW 1,276,00,000 from that time, including transfer of KRW 2 million to the post office account under the name of the Defendant.

Summary of Evidence

1. The defendant's partial statement (the fact that he/she has received the previous payment) in court;

1. The legal statement of the witness C;

1. Statement in each police statement made to D or E;

1. Descriptions of a investigative report (Attachment ofCCTV Data) and the application of video-related Acts and subordinate statutes;

1. The relevant Article of the Criminal Act and Article 347(1) of the Criminal Act regarding the crime, and Article 347(1) of the Criminal Act regarding the selection of punishment, and the crime of this case on the grounds of sentencing of imprisonment with prison labor, are deemed to have obtained employment money through several times with awareness that the defendant is not suitable for the victim’s economic situation, and the crime is very poor.

The damage has not been repaid at all, the victim has suffered from the severe pain for a considerable period, and the victim has not yet been able to be able to be able to receive from the victim.

The defendant has been sentenced three times to imprisonment for the same crime of fraud.

Therefore, the sum of the amount of the fraud of this case is KRW 1,276,00.

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