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(영문) 대전지방법원 2014.12.16 2014고단3472

사기

Text

A defendant shall be punished by imprisonment for four months.

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

On February 16, 2011, the Defendant was sentenced to six months of imprisonment for fraud in the Daejeon District Court, and completed the execution of the sentence in the Clean Correctional Institution on January 13, 2012.

On January 18, 2014, the Defendant told the victim Y to purchase the bank at the AAca shop located in Daejeon-gu Daejeon-gu, Daejeon gallon department store, and if he/she purchases the bank through his/her friendship, he/she may purchase the bank at a discount of 50 to 70%. (b) the Defendant said, “I would purchase the bank at a discount of 50-70%.”

However, in fact, the defendant did not have any intention or ability to purchase the price at the discounted price of a well-known book.

Nevertheless, the Defendant, by deceiving the victim as such, received KRW 854,00 from the victim to the Defendant’s account in terms of the cost of purchasing a bank from the victim, and acquired KRW 854,00,00 from that time to August 16, 2014, and acquired KRW 7,587,90 in total from two victims over 18 times, as stated in the crime list from that time.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement against AB andY;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records and defendant's statutory statement;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

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

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

1. It shall be decided as ordered on the grounds of not less than Article 32 (1) and (2) of the Act on Special Cases concerning the Dismissal of Applications for Compensation Orders;