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(영문) 인천지방법원 2019.07.03 2019고단3404

사기

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[criminal power] On October 17, 2017, the Defendant was sentenced to two years of imprisonment with prison labor for fraud at the Seoul Southern District Court for six months. On March 22, 2018, the same court was sentenced to eight months of imprisonment with prison labor for the same crime and the judgment became final and conclusive on March 30, 2018, which became final and conclusive on March 30, 2018, and the sentence of the above suspended sentence was invalidated on September 28, 2018 and the parole period expired on January 9, 2019.

【Criminal Facts】

On December 20, 2018, the Defendant stated to the effect that “The Defendant would send a game machine in front of the price of the goods to the victim by visiting the victim by stating that “D Kaf” posted by the victim BH to the “E”.

However, the defendant did not have the above game machine, and there was no intention or ability to rescue it.

As above, the Defendant, by deceiving the victim as above, received KRW 140,000 as the price for goods from G account (H) in the name of the Defendant on the same day, and from that time, received KRW 1,377,000 in total from the victims over 21 times in the same manner as shown in the list of crimes in the attached Table from February 11, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of the BH, BI, BJ, BK, BL, BM, BN, BO, BP, Q, BR, BS, BT, BU, BV, BV, BY, BY, BY, Z, CA and CB

1. Application of relevant Acts and subordinate statutes, such as each specification of transactions, details of conversations prior to each transaction, internal report (application for a warrant of search, seizure and verification in the application of an account trend), each warrant answer data (G), closure data prior to the transaction, warrant correspondence data (CC Integration), photographfafafaf, and other photographics;

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: Aggravation of repeated crime (as to each crime set forth in attached Table 3 to 21);

1. Of concurrent crimes, the circumstances below the reasons for sentencing Articles 37 (former part), 38 (1) 2 and 50 of the Criminal Act, and other ages, character and conduct, the environment, and the instant case.