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(영문) 인천지방법원 2015.10.02 2015고정2253

사기

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On October 17, 2014, the Defendant was sentenced to ten months of imprisonment for fraud at the Incheon District Court, and the said judgment became final and conclusive on December 9, 2014.

On December 24, 2013, the Defendant posted a notice on the sales of Aphone 5 on smartphone B, and made a false statement to the victim C who reported and contacted this article that deposit KRW 400,000 with the victim C, who sent the mobile phone.

However, there was no intention or ability to sell a mobile phone.

The Defendant, as such, by deceiving the victim, received KRW 40,00 from the victim to the national bank account in the name of A on December 25, 2013, and received KRW 2.2,60,00 from seven victims, as described in the list of crimes in the attached Table, from January 7, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to C, D, and E;

1. Each statement of F, G, H, and I;

1. Previous convictions in judgment: Results of case search, and application of four copies of court rulings;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.