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(영문) 인천지방법원 2015.11.27 2015고정3195

사기

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On November 12, 2015, the Defendant was sentenced to the suspension of the execution of two years for a violation of the Military Service Act in the Suwon District Court’s Ansan Branch for the violation of the Military Service Act, and the said judgment became final and conclusive on November 20, 2015.

On October 26, 2014, the Defendant posted a notice to sell gallon 2 on an Internet gallon, and made this paper false statement to the victim B that “on receipt of the price of the goods, the Defendant would deliver it to the Defendant’s house after confirmation.”

The Defendant, by deceiving the victim as such, received KRW 140,00 from the victim to the new bank account (C) in the name of A immediately, and acquired KRW 1,370,00 in total from six members, such as D, E, F, G, and H, as described in the attached crime list.

Summary of Evidence

1. Defendant's legal statement;

1. Each petition and statement of B, D, E, F, G and H;

1. Previous convictions in judgment: Results of case search, and application of Acts and subordinate statutes of a written judgment;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

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.