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(영문) 대전지방법원 서산지원 2018.11.15 2018고정239

사기

Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On August 25, 2017, the Defendant was sentenced to a suspended sentence of one year on September 2, 2017, in the Seosan Support of Daejeon, for fraud.

On September 27, 2016, the Defendant purchased a irpirosososospirus by entering the Republic of Korea in a non-permanent place and accessing the Republic of Korea.

The phrase “to deliver things when remitting 35,000 won” was reported and contacted by the victim B, and the phrase “to deliver things.”

However, even if the transfer is made, there is no intention or ability to deliver the goods.

Nevertheless, the Defendant, as above, received KRW 35,000 from the injured party who deceiving the injured party and believed that it is true, and received KRW 35,000 from the new bank account (C) in the name of A around September 27, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement or a petition prepared by B;

1. Data submitted, such as details of transfer;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to such previous rulings, etc.);

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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