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(영문) 대구지방법원 김천지원 2019.11.21 2019고단1306

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

On August 10, 2019, the Defendant sent a false statement to the victim E, who reported the above writing and contacted with the victim E, stating that “The transfer of the price would send an air conditioner.”

However, the defendant did not have any terms and conditions so that he did not have any intention or ability to send the terms and conditions even if he received money from the victim.

Ultimately, the Defendant, by deceiving the victim as above, received KRW 150,00 from the victim to the account of community credit cooperatives under the name of the Defendant as the price for goods on the same day, and received KRW 2,04,100 in total from around that time to October 13, 2019 from around 19 to around 19 times as shown in the list of crimes in the annexed list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E, F, G, H, I, J, K, L, M, N, B, P, Q, R, T, T, U and V

1. Application of Acts and subordinate statutes to each remittance statement, each D posted data, each content of conversation, each content of each SMS dialogueation, each notice material, WMS dialogue material, SMS dialogue material, dialogue material, posting material, posting material, and dialogue material;

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

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

1. Reasons for sentencing under Article 32 (1) 3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation Orders;

1. Scope of punishment by law: Imprisonment with prison labor for one month to fifteen years;

2. Aggravation factors of less than KRW 100,00 [type 1] Aggravation factors of fraud according to the sentencing guidelines: Where a person commits repeatedly a crime against unspecified or many unspecified victims or over a considerable period of time (the area of recommendation and the scope of recommendation), the area of aggravation [the area of recommendation and the scope of recommendation], one year and six months by imprisonment.

3. The defendant to whom the sentence has been rendered is a crime of fraud in 2019.