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(영문) 창원지방법원 2016.10.20 2016고단2586

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 12, 2016, the Defendant was sentenced to 8 months of imprisonment with prison labor and 2 years of suspended execution at the Changwon District Court for fraud, etc., and the said judgment became final and conclusive on May 20, 2016.

The Defendant, at Changwon-si on April 23, 2016, posted a false statement on the bulletin board, stating that “I will sell Quaker Quaker Cheongba” by accessing the Internet site, and reported this to the victim B who contacted, “I will send the said Cheongba to Cheongba”.

However, even if the defendant receives money from the victim, he did not have the intention or ability to deliver the money to the victim at his home.

The Defendant received KRW 100,000 from the victim to the Agricultural Cooperative Account (C) in the name of the Defendant.

The defendant, including this, received a total of 320,000 won by deceiving the victims, such as the statement in the attached list of crimes, at least three times on the same day.

Accordingly, the defendant was provided property by deceiving the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement B, D, and E;

1. A written petition, a written confirmation of transfer transactions, a written confirmation of each opening store sales and the closure data of each opening book, a closure data of the contents of a text message conversation, data on the closure of each opening book, a certificate of deposit, data on the closure of the contents of each text message conversation, data on the closure of the contents of each text message conversation, data on the closure of the contents of each text message conversation, a official receipt, and a photograph of Cheongba picture delivered by the suspect;

1. Inquiry reports on criminal records, etc., pre-dispositions, reporting on results of confirmation, and applying Acts and subordinate statutes to criminal records, etc.;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act is that the defendant has committed the instant crime again while being tried as a separate fraud.