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(영문) 인천지방법원 부천지원 2015.11.20 2015고정849

사기

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal power] On July 15, 2015, the Defendant was sentenced to a six-month suspended sentence of imprisonment for fraud at the Incheon District Court, and the above judgment became final and conclusive on July 23, 2015.

【Criminal Facts】

On September 2014, the Defendant posted a letter of sales of goods as if he would transmit the prices of goods after completing the Internet Ntp, /cafe.naver.com/joint venture on a mobile phone, and conspired to receive the prices from the victims.

Around 09:35 on October 21, 2014, the Defendant and B posted a letter on the Defendant’s home located in Seocheon-gu, Seocheon-gu, Seocheon-si, on the above Internet Neneber Kafa to sell the galthothro 1 mobile phone, and made a false statement on the purport that “First, if 65,000 won is deposited in the price of goods, the said goods will be sent.”

However, the defendant and B did not have the above mobile phone, and even if they received the price of goods from the victim, they did not have the ability or intention to send the above mobile phone.

The Defendant and B received 65,000 won from the victim to the Agricultural Cooperative (E) account in the name of B as the mobile phone price on the same day.

The Defendant and B, in collusion, received a total of KRW 1,575,000 by deceiving the victims at least nine times during the period from October 31, 2014 to October 31, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect B by the prosecution;

1. Each written statement of F, D, G, H, I, J, K, L, and M;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (report on the results of confirmation before and after disposition, and confirmation of suspension of sentence of cases during trial);

1. Article 347 (1) of the Criminal Act and Article 347 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

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

1. The former part of Article 37 of the Criminal Act among concurrent crimes;