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(영문) 대전지방법원 천안지원 2016.02.05 2015고정1124

사기

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

[Criminal record] On July 14, 2015, the Defendant was sentenced to six months of imprisonment for a crime of fraud at the Goyang Branch of the Jung-gu District Court, and the judgment became final and conclusive on October 1, 2015.

[Criminal facts] On March 21, 2015, the Defendant posted a notice to sell cultural merchandise coupons via a computer at around 10:00 on March 21, 2015, the Defendant sent a cultural merchandise coupon to the victim C who reported the fact that the Defendant deposited money to the victim C who had contacted with the Defendant.

However, the defendant did not have the intention or ability to send cultural merchandise coupons.

Nevertheless, the Defendant received 180,000 won in cash from the victim's bank account (E) with D name bank account (E) and received 360,000 won in total from the victims on three occasions, such as the list of crimes in the attached Table.

Summary of Evidence

1. Statement of the police suspect interrogation protocol against the accused;

1. Written statements prepared by C, F and G;

1. Each written petition;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, investigation report (report attached to the judgment of latter concurrent crimes by Defendant A), and application of each statute of the judgment;

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

1. The first sentence of Article 37 of the Criminal Act to treat concurrent crimes: Provided, That the first sentence of Article 39 (1) shall be applicable;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act has been imposed several times on a criminal defendant with the reason for sentencing of a provisional payment order, taking into account favorable circumstances, such as the fact that the criminal defendant was punished several times as a fraudulent crime, the criminal defendant committed each of the offenses committed during the period of a repeated crime not yet passed after having been sentenced to the punishment for larceny, and the fact that the damage was not recovered. However, the punishment shall be determined by taking into account the favorable circumstances, such as the fact that the amount of damage is not significant, and the equity between the case where the judgment was rendered