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(영문) 대전지방법원 2017.11.02 2016고단3342

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

The defendant shall pay 2,50,000 won to the applicant for compensation. The above order shall be issued.

Reasons

Punishment of the crime

On July 8, 2015, the Defendant was sentenced to five months of imprisonment for fraud at the Daejeon District Court, and the said judgment became final and conclusive on January 4, 2016.

On April 30, 2015, the Defendant posted a letter to the effect that he would sell a new global merchandise coupon on the NAP at a place where no location is known, and made a false statement to the effect that he would send the merchandise coupon to the victim B who contacted with the Defendant by reporting it.

However, the defendant did not have the intention or ability to send the above merchandise coupon to the victim even if he has received the payment from the damaged person.

After deceiving the victim, the Defendant, on May 3, 2015, received 6,750,000 won from the victimized person to the account in the name of the Defendant’s mother C on May 3, 2015, and acquired 2,255,000 won in total from the victimized person on six occasions from around that time to June 5, 2015, as shown in the list of crimes attached hereto.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

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

1. Statement made by the police against B;

1. B’s petition;

1. Investigation report (Attachment of mail sent by the person to whom it is sent);

1. Copies of each letter;

1. Previous convictions in judgment: To apply investigation reports (Attachment of previous criminal records attached thereto), references to inquiries, such as criminal history, and other Acts and subordinate statutes;

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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. The reason for sentencing of Article 25(1), Article 31(1), Article 31(2), and Article 31(3) of the Act on Special Cases concerning the Recognition of Compensation Application and the Promotion, etc. of Legal Proceedings for the Declaration of Provisional Execution (which recognizes only the amount obtained by deceit recorded in the criminal facts, not the amount of application filed by the applicant for compensation) that the defendant continues to apply for postponement of the date while receiving lawful summons and telephone contact from this court, and refuses to attend, and eventually reduces the date of application and the defendant commits the same crime.