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(영문) 부산지방법원 2016.06.09 2016고단1086

사기

Text

Defendant shall be exempted from punishment for the crimes No. 1 in attached Form A, among the crimes committed by the Defendant 2016 order No. 1123, and 2016 order No. 1086.

Reasons

Punishment of the crime

On February 5, 2015, the Defendant was sentenced to one year of imprisonment and two years of suspended execution at the Busan District Court for fraud, and the judgment was finalized on February 13, 2015, and on February 5, 2016, the judgment was finalized on February 13, 2016, respectively. < Amended by Act No. 14305, Feb. 13, 2016>

Around February 6, 2016, the Defendant posted a false letter stating “Pop-up store” on the Internet bulletin board of the Republic of Korea (APC Hap Hp Hap Stack), “APC Hap Hap Hap Stack store” (hereinafter referred to as “E”), and then, he received KRW 500,000 from the victim D to the new bank account (E) in the name of the Defendant, and from around that time until February 15, 2016, the Defendant acquired KRW 2,150,000 in total from four victims, such as the list of crimes.

“The Defendant, on December 30, 2014, purchased LT23C350K/KRTV on the Internet bulletin board of the State by the victim F on December 30, 2014.

The phrase “I wish to send the said TV to the Busan Bank account in the name of the Defendant,” and the said victim received KRW 100,000 from the said victim to the Busan Bank account in the name of the Defendant on the same day. From around that time to February 4, 2016, I acquired the total amount of KRW 8,760,000 from the said 16 victims, as shown in the List of Crimes A, from around that time to February 4, 2016.

Summary of Evidence

"2016 Highest 1086"

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Each written petition;

1. A new bank account;

1. Previous convictions in judgment: References to inquiries, such as criminal history, investigation reports, and "2016 Heights 1123";

1. Statement by the defendant in court;

1. Each written petition and each written statement;

1. Previous convictions in judgment: Application of inquiry statements, such as criminal history, and investigation reporting statutes;

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

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 Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.