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(영문) 서울중앙지방법원 2009.11.20 2008고단5045
사기
Text

Defendants shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

Defendant

A, on December 15, 2005, was sentenced to 10 months of imprisonment for fraud, etc. at the Seoul Central District Court, and the above judgment became final and conclusive on September 4, 2006, and completed the execution of the sentence in the Net Prison on September 23, 2006, and Defendant B, at the Seoul East East District Court on July 25, 2007, was sentenced to 4 months of imprisonment for habitual fraud.

8.2 On October 2, 2007, the above judgment became final and conclusive and completed the execution of the sentence in Seongdong-gu District Court.

The Defendants conspired to the effect that, at the 7th floor office in Gangnam-gu Seoul Metropolitan Government Office on December 2007, “A’s license has been served as a Justice of the Constitutional Court, and the Constitutional Court also provides clothing, etc. to the victim E., although there is a pre-existing trading line, the Defendants would be able to deliver clothing, etc. to the Constitutional Court. On the other hand, upon delivery to us of clothing, the Defendants would take over goods and make payment immediately.”

However, there was no intention or ability for the victim to deliver the bill to the Constitutional Court, and even if the victim is supplied with the bill from the victim, there was no intention or ability to pay the bill.

Nevertheless, the Defendants deceptioned the victim as above and received 21 clothes equivalent to 19,326,00 won at the market price on the 25th of the same month from the victim, from that time until January 13, 2008, and acquired them by deceit, as shown in the annexed crime list, from January 13, 2008.

Summary of Evidence

1. Each protocol of examination of suspect against the Defendants (including cross-examination)

1. Statement to E by the police;

1. Investigation report (the statement of the complainant E);

1. Previous convictions in judgment: Application of criminal records and investigation reports (Attachment of written judgments and reports on confirmation of the date of release from court);

1. Articles 347 (1) and 30 of the Criminal Act applicable to the crimes;

1. Article 35 of the Criminal Act among repeated crimes.

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