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(영문) 춘천지방법원 2018.11.08 2018고단998

사기

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On June 12, 2018, the Defendant was sentenced to ten months of imprisonment for fraud at the Chuncheon District Court, and the judgment became final and conclusive on September 1, 2018.

【Criminal facts】 On November 7, 2017, the Defendant connected the Defendant’s house located in Chuncheon B to “C” on the Internet-based and trading website using the Defendant’s mobile phone, and as if he did not have the intent or ability to sell the mobile phone, he sells gallon 5 gallon, as he did not sell it normally.

The phrase “to post a notice,” and the victim D who reported and contacted this, will deliver the article to the victim D by depositing the amount of KRW 170,000 in the face of deposit.

The term “influence” was deceivingd by the victim and received 170,000 won in the name of the purchase price for goods from the E bank account under the name of the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A written petition and a written statement of D, a screen of conversation, and a detailed statement of deposit;

1. References to inquiries, such as criminal history, investigation reports (Attachment to such previous decisions), and application of Acts and subordinate statutes significantly to this court;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of an alternative fine for punishment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant has a record of fines and imprisonment for the same kind of crime, and that the defendant is a criminal committed during the same repeated crime period, and that the defendant is disadvantageous to the defendant.

However, the defendant seems to have committed his own crime, and the amount of damage is not a large amount, and the crime of fraud in the judgment is in the relationship of each crime of fraud for which judgment has become final and conclusive and ex post facto concurrent crimes, and the crime of the above final judgment is about 950,000,000 by inserting a false notice to F between June 2017 and February 2018.