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(영문) 대구지방법원안동지원 2020.12.15 2020고정86

사기

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On June 18, 2019, the Defendant was sentenced to imprisonment with prison labor for a crime of fraud in the Western Branch of the Daegu District Court for the last two years and six months, and the above judgment became final and conclusive on November 2, 2019.

피고인은 2019. 3. 13.경 알 수 없는 장소에서, 인터넷 B 사이트에 접속하여 피해자 C가 게시한 ‘스카이런 수직 마라톤 티켓 두 장 삽니다!!’라는 글을 보고 피해자에게 연락하여 “대금을 선입금하면 티켓을 보내주겠다”라고 거짓말을 하였다.

However, even if the defendant receives the price from the victim, he did not have the intention or ability to send the ticket.

The defendant received 82,00 won from the victim to the Kakao Bank Account (D) in the name of the defendant at around 15:35 on the same day.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The certificate of remittance of the C’s statement and the details of the modernization of transactions;

1. Previous records of judgment: Application of the Acts and subordinate statutes on conet search data, including inquiries, such as criminal records, and copies of written judgments attached to investigation reports (examination of whether indictments and punishment for the same facts are charged or punished);

1. Article 347 (1) of the Criminal Act and the choice of a fine concerning the crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

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