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(영문) 서울중앙지방법원 2018.07.18 2018고정1406

사기

Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On April 5, 2018, the Defendant was sentenced to one year of imprisonment for fraud at the Seoul Central District Court, and the judgment became final and conclusive on April 13, 2018.

On November 12, 2017, at around 20:00, the Defendant reported the content that “I would purchase an son course (electronic tobacco)” posted on the Internet NVV “S” car page, and made a false statement that “I would sell an son course at I will sell 65,000 won.”

However, even if the defendant received money from the victim, he did not have the intention or ability to send the victim the course.

The Defendant, by deceiving the victim, received 65,000 won from the victim’s name bank account (D).

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement (C);

1. A detailed statement of deposit and documentary evidence;

1. Previous convictions: Inquiries of case summary information and the application of the text of judgment [the Seoul Central District Court 2017 High Court 7348, 7691 (Joint), 8848 (Joint), 2018 High Court 848 (Joint)] Acts and subordinate statutes;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense, Article 347 (1) of the Criminal Act selection of punishment, and fines;

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;