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(영문) 대구지방법원 2018.03.23 2017고단6401

사기

Text

A defendant shall be punished by imprisonment for not less than two months.

The defendant pays 1,700,000 won to the applicant through fraud.

Reasons

Punishment of the crime

On November 9, 2017, the Defendant was sentenced to one year of imprisonment for fraud, etc. at the Daegu District Court, and the judgment became final and conclusive on November 13, 2017.

On August 3, 2017, the Defendant posted a false statement to the effect that the Defendant sold net gold paper by accessing the Internet’s trading site, which is a trading site of secondhand goods, and reported it to the victim D who contacted with the Defendant.

However, the defendant did not have net gold so even if he received money from the injured party, he shall send a net gold paper.

there was no intention or ability to act.

As such, the Defendant, by deceiving the victim and receiving 770,00 won from the victim’s account (E) in the name of the Defendant, was transferred to the Nonghyup Bank account in the name of the Defendant, from that time to August 13, 2017, and received a total of 3,370,000 won from the victims, from that time.

Accordingly, the defendant was given property from the victim by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D, F, and C;

1. Each deposit certificate, details of deposits, and details of dialogue;

1. Previous convictions: Investigative inquiries about criminal history, investigation reports (the confirmation of concurrent crimes after Article 37 of the Criminal Act), copies of the judgments, previous convictions in the disposition, and the application of Acts and subordinate statutes in one copy of the report;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The grounds for sentencing under Articles 25(1)1 and 31(3) of the Act on Special Cases concerning the Promotion, etc. of Compensation Orders and the Declaration of Provisional Execution Sentence shall be taken into account: (a) the Defendant, who acquired money from several victims under the same veterinary method; (b) the Defendant’s restoration of damage to the victims or did not agree to the victims; and (c) equity with the Defendant’s judgment at the same time when the judgment becomes final and conclusive

(b) other.