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(영문) 의정부지방법원 2018.11.08 2018고정765

사기

Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

[Criminal record] On July 6, 2018, the Defendant was sentenced to four months of imprisonment for fraud at the District Court of the Jung-gu, which became final and conclusive on September 21, 2018.

[Criminal facts] On December 8, 2017, the Defendant posted a notice to the effect that the victim B purchased the “WH Siide Book 100” posted by the Internet Internet NVVand the Republic of Korea car page around December 8, 2017, and contact the victim with the victim, and send the book to the victim at home if the Defendant sent KRW 2.50,000 won.

The phrase “ makes a false statement.”

However, the defendant did not have any intention or ability to sell the above books even if he did not have the above books and received money from the injured party.

The Defendant received 250,000 won from the injured party to the Kakao Bank Account (C) in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. B written statements;

1. Application of Acts and subordinate statutes on transfer certificates and dialogues;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

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

1. The instant crime with the reason for sentencing under Article 334(1) of the Criminal Procedure Act is an Internet transaction fraud crime committed against an unspecified person, and its nature is not good. In light of the fact that the Defendant repeats the instant crime even if he/she was punished several times for the same kind of crime, the Defendant’s liability for the crime is not minor.

On the other hand, however, it is necessary to consider the fact that the defendant's mistake and reflects the victim's mistake, the amount of damage was returned to the victim, the payment of consolation money was agreed, the equity between the case and the case where the judgment is rendered simultaneously with the crime for which the judgment on the record of the crime in the judgment became final. In addition, the punishment shall be determined by comprehensively taking into account the circumstances before and after the crime