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(영문) 인천지방법원 2014.02.20 2013고단8076

사기

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

[criminal power] On June 20, 2012, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Military Service Act at the Incheon District Court on June 20, 2012, and the judgment became final and conclusive on the 28th of the same month, and was sentenced to four months of imprisonment with prison labor for a violation of the Military Service Act at the Incheon District Court on December 12, 2013, and the judgment became final and conclusive on the

【Criminal Facts】

On November 5, 2013, the Defendant did not intend to send game money at the Defendant’s home located in the Nam-gu Incheon Metropolitan City C building C, 201(DB), even if having received money, but did not intend to send money. On the other hand, the Defendant would send a game money to the victim E who reported and contacted with the “DB” conversation.

‘Falsely speaking, it received 40,000 won from the victim's account from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Previous records of judgment: Criminal records, etc. inquiry reports, copies of judgment, case inquiry, application of Acts and subordinate statutes as a result of case search;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act that the defendant committed the instant crime without being aware of the fact that he/she was under the suspension of execution, and that he/she did not agree with the victim is an element for sentencing disadvantageous to the defendant.

It is a favorable sentencing factor for the defendant that the defendant has committed a crime and is against the defendant, that the amount of damage is not much severe, and that the full repayment of the amount of damage has been made.

In addition, a reasonable amount of fine shall be selected in consideration of various conditions of sentencing, such as equity, age, character and conduct, environment, etc., where judgment is to be rendered concurrently with the offense of violating the Military Service Act as decided on December 20, 2013, and the punishment shall be determined as ordered.