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(영문) 울산지방법원 2020.03.17 2020고단220

사기

Text

A defendant shall be punished by imprisonment for one month.

Reasons

Punishment of the crime

[Criminal Power] On July 18, 2019, the Defendant is a person who was sentenced to imprisonment with labor for one year at the Ulsan District Court for fraud and was sentenced to three years of probation on July 26, 2019 and is still under the grace period.

On October 24, 2019, the Defendant was detained as a fraud (2019Da4096), and was prosecuted in the same court on November 6, 2011 of the same year (2019Dadan4331), and was not detained in the same court on November 22 of the same year (2019 Godan4572), and was prosecuted in the same court on December 13 of the same year (2019 Godan5053), and was non-detained in the same court on December 23 of the same year (2019 Godan5053), and was detained in the same court on December 23 of the same year (2019 Godan5262), and was all merged with the above cases, and was sentenced to imprisonment for two months and one year in the same court on January 31, 202, and was currently serving in the appellate court.

【Criminal Facts】

On September 27, 2019, the Defendant posted a statement to the “J” by accessing the Internet site through a mobile phone at the soup suping site of Ulsan-dong, Ulsan-gu, Ulsan-do, and falsely concluded that the Defendant would sell the said golf loans at KRW 250,000 to the victim DG who contacted with the Defendant.

However, since the defendant did not have the above golf loans, even if he received money from the victim, he did not have the intention or ability to send the above golf loans.

The Defendant, by deceiving the victim as above, received KRW 250,00 from the victim’s corporate bank account (DH) in the name of the Defendant on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of DG;

1. Details of the deposit certificate and conversation;

1. Previous records: Application of inquiries, such as criminal records, and investigation reports (report on attachment of relevant criminal records)-related Acts and subordinate statutes;

1. The following circumstances are favorable to the defendant's age, character and conduct in relation to the pertinent Article of the Criminal Act, Article 347(1) of the Criminal Act regarding criminal facts, the reasons for sentencing choice of imprisonment, and the following circumstances: