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(영문) 전주지방법원 군산지원 2021.03.12 2020고단869
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal record] On March 11, 2020, the Defendant was sentenced to a suspended sentence of two years for a year by imprisonment with prison labor for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) in the Military Branch of the Jeonju District Court, and the judgment became final and conclusive on March 19, 2020.

[Criminal facts] On July 26, 2019, the Defendant should supply a monthly salary to the victims B, who had no signboard located in the window of the Dong, in order to the victim B at the time, who had no signboard located in the city, in the following cities: “Ilsan-si apartment site, to the people in order to perform the work related to the other day at the site of the Gu.”

After one month of the on-site completion, the Court stated that he/she will receive money from the field.

However, the defendant did not have any specific income, and even if he received the above on-site work, he did not have any intention or ability to pay the money from the victim because he thought that he would use it for living expenses, etc.

Defendant deceiving the victim as above and received KRW 10,000,000 on the same day from the victim, and from around that time to October 30, 2019, the Defendant acquired KRW 31,100,000 in total nine times as indicated in the crime list as follows.

Summary of Evidence

1. Each statement in the police statement of the statement of the suspect interrogation protocol (in relation to attachment of post which is a complainant), investigation report (in relation to attachment of post which is a complainant), investigation report (in relation to submission of a criminal suspect's registration certificate and transaction records), investigation report (in relation to submission of a criminal suspect's registration certificate and transaction records), investigation report (in relation to confirmation of personal records of the criminal suspect's credit information), investigation report (in relation to inquiry of criminal suspect's interview report), and investigation report (in relation to inquiry of criminal suspect's interview report), written business registration certificate, details of remittance, proof of the contents of remittance, the issuance of the check before himself/herself, recording records, recording records, each account transaction record, credit information details, copies of each passbook, and text message of the defendant's written statement in the court statement of the prosecutor's office against the defendant stated in the court statement B of the defendant in the court

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