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(영문) 서울서부지방법원 2019.10.31 2019고단2698

사기

Text

A defendant shall be punished by imprisonment for a period of two months.

Reasons

Punishment of the crime

On June 22, 2017, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Seoul Southern District Court on May 16, 2018, and completed the execution of the sentence at the Seoul Southern District Court on May 16, 2018. On October 10, 2019, the Seoul Western District Court sentenced the Defendant to imprisonment with prison labor for one year and four months for fraud, etc., and the judgment became final and conclusive on October 18, 2019.

On January 30, 2019, the Defendant reported on the Internet website C tour bulletin board a notice that victim D seeks a partner of the Thailand, and told the victim to contact with the victim, “The Defendant would offer hotel, airline ticket, and money exchange at the face of the transfer of money.”

However, even if the defendant receives money from the victim, he did not have the intention or ability to provide hotel, airline ticket, or money exchange.

On January 29, 2019, the Defendant, by deceiving the victim, received 729,500 won from the victim to the SCB bank account (number: E) in the name of the Defendant on the pretext of hotel charges, etc. on January 29, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements/petitions of D;

1. Details of the F and the certificate of remittance;

1. Previous records of judgment: Criminal records, results of search by prisoners, reports on criminal investigations, court rulings, and application of Acts and subordinate statutes of the Konet case inquiry;

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

1. Article 35 of the Criminal Act among repeated crimes;

1. The crime of this case is committed during the period of repeated crime, which is highly likely to be subject to criticism, in light of the criminal law, etc., the fact that the damage was not recovered and the victim did not receive a letter of suspicion, and the confession and rebuttal are made against the victim, equity with the case where the judgment becomes final and conclusive simultaneously with the crime of this case.