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(영문) 광주지방법원 순천지원 2018.10.11 2018고단1755

사기

Text

A defendant shall be punished by imprisonment for one year.

The defendant pays 350,000 won to the applicant by fraud.

Reasons

Punishment of the crime

[criminal records] On April 27, 2017, the Defendant was sentenced to one year of imprisonment for fraud in the Gwangju District Court’s net support, and completed the execution of the sentence on March 23, 2018 at the Ganpo Prison.

[Criminal facts] On June 28, 2018, the Defendant had access to the Internet C Caf page at an unspecified place, and sold D constitutional books.

A false statement was made to the victim E, who posted a letter, and reported it to the victim E, stating that “on the first hand, he/she would deliver goods to the customer’s home delivery.”

However, the defendant did not have the above goods so that he did not have any intent or ability to deliver the goods to the victim even if he received money from the victim as the sale proceeds.

The Defendant, as such, by deceiving the victim, received 30,000 won from the damaged party to the F account (G) in the name of the Defendant, and was transferred from around that time to July 28, 2018, totaling KRW 1,05,000 as the price for goods as indicated in the list of crimes in the attached Table of Crimes from around July 28, 2018.

Accordingly, the defendant deceivings victims to take the property by deceiving them.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E, H, B, I, J, K, L, M, N,O, P, Q, S, T, U, V, W, X, andY;

1. Each written petition;

1. Previous convictions indicated in judgment: Inquiry about criminal history, reporting on investigation (for a repeated crime during the period of repeated crime), and application of statutes governing the status of personal confinement;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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 25(1)1, Article 31(1), 31(2), and 31(3) of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits, etc. of Compensation Orders and Sentence of Provisional Execution do not have much amount of damage on the grounds of sentencing, the damage to some victims is recovered, and the fact that the defendant is against the defendant is favorable to the defendant.

However, the defendant commits an Internet price fraud with the same content.