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(영문) 서울동부지방법원 2016.04.06 2015고단1737

사기

Text

A defendant shall be punished by imprisonment for six months.

The defendant will pay 165,00 won to the applicant through fraud.

Reasons

Punishment of the crime

On June 27, 2014, the Defendant was sentenced to imprisonment with prison labor for fraud, etc. at the Seoul Central District Court, and the execution of the sentence was terminated on November 10, 2014.

On March 9, 2015, the Defendant posted a letter on March 9, 2015, on the following: (a) the Defendant: (b) at a trade-free place in Seongdong-gu Seoul Special Metropolitan City; (c) the NAV, a trading site in the Internet, puts on the Korean carpet; and (d) reported on the same day, and made a false statement to C as if he/she sold her tin normally.

However, the Defendant received KRW 100,000 from the victim who did not have the intention or ability to sell tin tin tin , to the Agricultural Cooperative account in the name of father D, his father.

From that time until March 16, 2015, the Defendant received a total of KRW 509,000 from the victims by the same means as in the list of crimes in attached Form four times.

Accordingly, the defendant was informed of the victims to receive property.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Each written appeal and written statement;

1. A written confirmation of the results of electronic financial transfer;

1. Previous convictions: Inquiries about criminal history and application of Acts and subordinate statutes to criminal investigation reports (prior convictions of suspects);

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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

1. In light of the fact that a repeated crime due to the same kind of crime as the sentencing of Articles 25(1) and 31(3) of the Act on Special Cases Concerning the Promotion, etc. of Compensation Orders and Provisional Execution Proceedings has been committed again during the period of repeated crime; that there was no agreement with the victims and no measure was taken to recover damage; that the situation after the crime was committed due to the escape for a long time without having been absent from the trial, etc., the sentence against the Defendant is deemed inevitable due to the lack of the liability for the crime, and the above circumstances and other arguments in the instant case.