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(영문) 서울동부지방법원 2014.12.18 2014고단2610
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant was sentenced to one year of imprisonment for a crime of fraud at the Daegu District Court on December 4, 2008, and the judgment became final and conclusive on May 8, 2009, and on October 12, 2010, the Defendant was sentenced to one year of imprisonment for a crime of fraud at the Suwon District Court on October 20 of the same year and the judgment became final and conclusive on October 20 of the same year.

Around June 13, 2007, the Defendant did not work as the director of the division of the Ministry of Finance and Economy, and even though he did not work as the director of the former president of the Ministry of Finance and Economy, he did not manage the funds of the former president, and he did not receive funds from the victim C as if he worked as the director of the division of the Ministry of Finance and Economy in the Ministry of Finance and Economy. It is necessary to pay funds to the victim C in order to bring the balance sheet issued in Japan and the certificate of USD 1 billion into the confidential interest. It is false to the effect that the Defendant would want to bring the necessary funds into the confidential interest. The lender would pay KRW 19 billion from the victim, namely, the sum of KRW 25 million from the post office of the Gu located in the Dong of the Gwangjin-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City on October 11 of the same year, and acquired KRW 40 million from the victim as the sum of expenses.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of the accused by the prosecution (including part concerning the C substitution);

1. Copies of checks issued in Japan and certificates of USD 1 billion, promissory notes; and

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment of written judgments);

1. Article 347 (1) of the Criminal Act applicable to the crime (Fraud or Selection of Imprisonment);

1. In light of the fact that the defendant committed the instant crime even though he/she had been punished several times for the same type of crime under the latter part of Article 37 and Article 39(1) of the Criminal Procedure Act, considering the fact that the defendant committed the instant crime, not much damage caused by the instant crime, has not been recovered until now, and the quality of the crime such as deception, it is inevitable to punish the defendant significantly.

Accordingly, the defendant is led to confession and is against the ruling.

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