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(영문) 의정부지방법원 2019.06.13 2019고정190

사기

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[Criminal Justice] On October 11, 2018, the Defendant was sentenced to one year of imprisonment for a crime of fraud at the Jung-gu District Court, which became final and conclusive on October 19, 2018.

【Criminal Facts】

On January 16, 2018, the Defendant posted a letter to the effect that golf products are sold to Internet B carpet C, and made a false statement to the effect that the Defendant would send the goods to the victim D who reported and contacted with it.

However, the defendant did not have the intention or ability to send the above goods even after receiving the price for the goods.

The Defendant, by deceiving the victim as above, received KRW 224,00 from the victim to the E bank account (F) in the name of the Defendant in the name of the same day as the price for the goods on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The certificate of transfer and evidential materials (the details of the comparison of letters);

1. Previous records of judgment: Criminal records, inquiry reports, previous records of dispositions, results of confirmation, and application of Acts and subordinate statutes to investigation reports (Attachment to the same type of judgment);

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the applicable criminal facts;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;