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(영문) 대구지방법원 안동지원 2015.12.22 2015고정305

사기

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On June 17, 2014, the Defendant was sentenced to the suspension of the execution of two years and six months on June 25, 2014 due to special robbery, etc. in the Daegu District Court's Sung Branch, and the judgment became final and conclusive on June 25, 2014, and was in the current suspension of execution, and sentenced to obtain money by reporting the purchase of goods posted by the victims and posting a mobile phone or other sales text on the mobile opening, or communicating with the victims.

On June 3, 2015, the Defendant posted a letter stating that he sells Aphone 6 to a mobile 3.550,000 won in a mobile folder at the same time and at the same time, the Defendant expressed that he would make a mobile phone if the victim B (Nam, 24 years old) remitted the money to the purchaser.

In fact, the Defendant had no intent or ability to sell Aphone 6. As such, from June 3, 2015, the Defendant received 350,000 won from seven victims through seven times, such as deceiving the victim and deceiving him from the victim to the new bank account (Account Number: C) in the name of the Defendant on June 3, 2015, by remitting 350,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. The respective statements and complaints of B, D, E, F, G, H and I;

1. A receipt, each photograph, a list of entry and departure cessation trading marks, an application for deposit transaction, etc., each statement of transaction, a detailed statement of transaction, and a Stockholm spread, receipts, a detailed statement of deposit transaction, and a detailed statement of automated machine transaction;

1. Each internal investigation report, investigation report, and application of Acts and subordinate statutes attached thereto;

1. Article 347 (1) of the Criminal Act as to the facts constituting the crime;

1. Selection of an alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.