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(영문) 인천지방법원 2015.06.19 2015고정748

사기

Text

1. Defendant shall be punished by a fine of 2,000,000 won;

2. Where the defendant does not pay the above fine. < Amended by Presidential Decree No. 16093, Jan. 1,

Reasons

Punishment of the crime

On December 23, 2014, the Defendant was sentenced to a suspended sentence of one-year imprisonment at the Incheon District Court for fraud, and the judgment became final and conclusive on December 31, 2014.

Around July 24, 2014, the Defendant, “2015 High 748,” said that “The Defendant would sell goods on the Internet (280)” without intent or ability to sell goods on the bulletin board, and that he received 349,000 won from the victim’s name bank account (D) to the Defendant’s name, and acquired 2,125,150 won in total eight times in total, as shown in the separate crime list.

"2015 Goi928"

1. On May 7, 2014, the Defendant posted a letter to the effect that “I sell correspondence” on the Internet “B” website.

However, there was no intention or ability to sell the goods.

The Defendant, who believed this to be true, received 199,000 won from E to the national bank account (D) in the name of the Defendant.

2. On July 17, 2014, the Defendant posted a letter to the effect that “I sell correspondence” on the Internet website.

However, there was no intention or ability to sell the goods.

The Defendant, who believed this to be true, received 298,900 won from the F to the national bank account (D) in the name of the Defendant.

Summary of Evidence

1. Previous convictions: Copies of written judgments and results of case search "2015,748";

1. Defendant's legal statement;

1. "Written appeals of G, H, I, J, K, L, M, and N":

1. Defendant's legal statement;

1. Application of respective Acts and subordinate statutes of E and F;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.