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(영문) 부산지방법원 2014.01.23 2013고정5588

사기

Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On January 3, 2014, the Defendant was sentenced to imprisonment with prison labor at the Busan District Court for fraud, etc., and the judgment became final and conclusive on January 11, 2014.

On January 20, 2013, the Defendant read a letter “C’s husband C of the Victim B,” posted on Internet Neneber DC bulletin board, “Dr3 dr3G 4G 20,000 dr3G 20,000 dr3G 20,000 won,” and sent letters to the effect that the Defendant would sell goods to the victim.

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

The Defendant, by deceiving the victim as above, was transferred KRW 23,00 from the victim to the Agricultural Cooperative Account (E) in the name of A around January 21, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Response to a request for financial transaction information;

1. Responses;

1. Previous convictions: The results of case search bound in the records of public trial, and the application of Acts and subordinate statutes to each written judgment;

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

1. Handling concurrent crimes and exemption of punishment: The latter part of Article 37 and Article 39 (1) of the Criminal Act ( Taking into account the fact that the degree of damage is not substantial, and the principle of equity with the case that a judgment has become final and conclusive);