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(영문) 의정부지방법원 2017.08.24 2017고정2026

사기

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On February 3, 2017, the Defendant was sentenced to one year of imprisonment with prison labor for occupational embezzlement, etc. in the early branch of the Chuncheon District Court on July 27, 2017, and the judgment became final and conclusive.

1. On February 18, 2016, the Defendant posted a notice on the Internet NAV and a national car page “TN Dack” on the Internet NAV. On February 18, 2016, the Defendant deceptioned the victim P, who reported and contacted this article, as if he were to transfer the price of the goods, to the victim P, who was in the first place of sending the price of the goods.

However, the defendant had no intention or ability to send the above goods from the beginning.

around February 18, 2016, the Defendant was transferred KRW 540,000 to the post office Qir account under the name of the Defendant from the person who was deceptiond as above.

2. On February 19, 2016, the Defendant posted a statement of the same content on the Internet NAV and the Korean car page at a place where the Defendant was in an irregular manner, and had the victim deceptiond by the same method.

around 09:43 on February 19, 2016, the Defendant was transferred KRW 550,000 to A’s post office Qgu account under the name of the post office around February 19, 2016.

As a result, the defendant deceiving 2 victims and received property transfer from 1,090,000 won in total over twice.

Summary of Evidence

1. Statement by the defendant in court;

1. The authenticity, statement, copy of the deposit receipt, the authenticity of the preparation of the P, a statement, and a statement of account transfer;

1. Application of an inquiry letter, such as criminal history, and reporting on the result of confirmation before and after the disposition;

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the selection of fines for the crime;

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act are as follows: (a) the Defendant recognized all the criminal facts of the instant case and against his mistake; and (b) fully repaid the amount of damage to the victims.