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(영문) 대전지방법원 2017.07.27 2017고정606

사기

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On August 10, 2016, the Defendant was sentenced to three months of imprisonment for fraud at the Daejeon District Court, and the said judgment became final and conclusive on December 30, 2016.

On August 30, 2016, the Defendant posted a false statement that “to sell merchandise coupons” by using smartphones at the Defendant’s residence located in Cheongju-si, Seo-gu, Cheongju-si, and by accessing the Defendant’s room, and sent money to the victim C who contacted with the Defendant.

However, even if the defendant receives money from the injured party, he/she was thought to use it as personal living expenses, mobile phone charges, etc., and did not have merchandise coupons, so he/she did not have the intent or ability to deliver merchandise coupons to the injured party.

In addition, the Defendant received KRW 170,000 from the injured party on August 31, 2016 to the new bank account (E) in the name of D around August 19:17, 2016, and received KRW 1,410,000 in total from the above day to October 11, 2016.

Accordingly, the defendant was informed of the victims to receive property.

Summary of Evidence

1. Statement by the defendant in court;

1. Each petition of F, C, G, H, and I;

1. Evidential materials for each damage;

1. Previous convictions in judgment: To report an investigation (the confirmation of a separate trial and the confirmation of the fact of the detention of the Daejeon Correctional Institution);

1. Relevant Article 347 of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The first sentence of Article 37 of the Criminal Act to treat concurrent crimes: Provided, That the first sentence of Article 39 (1) shall be applicable;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.