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(영문) 대구지방법원 김천지원 2018.04.25 2018고단245

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

The defendant shall obtain money from the applicant C to the applicant C in the amount of KRW 230,00,000 and shall be the applicant D.

Reasons

Punishment of the crime

On February 17, 2016, the Defendant was sentenced to one year and two months of imprisonment for fraud at the Busan District Court, and completed the execution of the sentence on February 7, 2017.

On January 3, 2018, the Defendant posted a notice to the effect that he/she sells the main body of a computer on the Internet NAV and a foreign website using a mobile phone, which is the Defendant’s residence, around January 3, 2018, and that he/she would send the main body to the victim E who reported and contacted the fact that he/she would first send the main body to the victim E. However, the Defendant did not have any intent or ability to sell the goods even if he/she receives the price for the goods from the damaged party, such as not having the main body of

The defendant deceivings the victim as above and received 250,000 won from the victim to the bank account in the name of the defendant on the same day as the price for the goods on the same day. From that time until February 27, 2018, the defendant deceivings the victims by the same method, and then transferred the total amount of KRW 1,94,000 from the victims eight times in total, as shown in the list of crimes in the annexed crime list.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of H, I, F, E, D, C, J, and K;

1. Investigation reports and investigation reports (Submission of transaction details);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (applicable previous convictions in the same case and confirmation);

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, 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), and Article 25(2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Compensation Order (the applicant F’s application for compensation shall be dismissed by the law as follows, but the applicant F’s application for compensation shall be dismissed by the law as follows, and thus ex officio compensation is ordered, since damage is recognized by evidence:

1. Article 31 (3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings with Sentence of Provisional Execution;

1. Article 32(1)1 and (2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuit by which an application for compensation is dismissed.