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(영문) 수원지방법원 평택지원 2018.03.09 2017고단2397

사기

Text

A defendant shall be punished by imprisonment for six months.

The applicant's application for compensation is dismissed respectively.

Reasons

Punishment of the crime

[criminal record] On July 10, 2014, the Defendant was sentenced to a suspended sentence of one year to be a crime of fraud at the Suwon District Court member, who was sentenced to two years of imprisonment for a term of fraud. On October 30, 2015, the sentence of the suspended sentence was invalidated upon being sentenced to five months of imprisonment for a crime of fraud from the Suwon District Court member on January 5, 2016, which became final and conclusive on January 5, 2016. On April 28, 2016, the Defendant was sentenced to four months of imprisonment for a crime of fraud from the Suwon District Court member, who was sentenced to four months of imprisonment for a crime of embezzlement, and on July 21, 2016, the written indictment to be punished as “one year of imprisonment for a crime of embezzlement” in the same court. However, according to the evidence record, this part is obvious that according to the evidence record, this part is a clerical error, and this part is not related to the guarantee of the Defendant’s right to defense.

On February 28, 2017, the parole period was passed on April 11, 2017, when the sentence was executed in the area of the horizontal housing site in the Suwon detention center.

[Criminal facts] On July 31, 2017, the Defendant sold Lgallon 5 to KRW 135,000 on an Internet site in the Defendant’s residence located in Pyeongtaek-si E apartment 1019 Dong 1204.

The phrase “ 135,00 won was first deposited to the victim G who reported and contacted this, and the phrase “ 135,000 won was false to deliver the goods.”

However, the defendant was actually in possession.

gallon 5 No. 5 was broken and even if the defendant received money from the injured party, he did not have an intention or ability to sell the goods normally.

As above, the Defendant: (a) by deceiving the victim; (b) received KRW 135,00 from the victim on July 31, 2017 as the price for the goods from the victim; and (c) received KRW 135,00 from the Defendant’s East Heng Bank account (I) in the name of his Dong H; and (d) received KRW 3,427,000 from the victims on a total of 21 occasions from October 19, 2017, from that time, from the victims, and acquired the money.

Summary of Evidence

1. The defendant in the first trial record;