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(영문) 부산지방법원 2017.06.15 2017고단2354

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On September 7, 2015, the Defendant was sentenced to one year and six months of imprisonment for fraud at the District Court of Jung-gu on September 7, 2015, and completed the execution of the sentence on September 8, 2016.

The Defendant, around March 4, 2017, using a portable phone at a non-resident Seoul (Seoul) and sells a second-hand skiing on the Internet “C” bulletin board of the frontter.

"" posts the above article and reports the above article to the victim D's contact, and sells Ski in 260,000 won.

was made.

However, there was no intention or ability to send the above goods even if the defendant received money from the injured party because he did not have the above main skiing.

As above, the Defendant: (a) received 260,000 won from the victim’s own bank account under the name of the Defendant for the consideration of the goods on March 5, 2017 from the victim; (b) and (c) received the money totaling KRW 4,179,000 from 13 victims up to April 7, 2017, as indicated in the list of crimes in the attached Table from April 7, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each statement and each copy;

1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (including evidence attached thereto, which is 46 times a year);

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

1. Selection of each sentence of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Act on the Aggravated Punishment of Concurrent Crimes [the scope of recommendations] Article 1 type (100 million won or less) of the Act on the Aggravated Punishment of Concurrent Crimes (10 million won or less). In the case of repeated crimes against an unspecified or large number of victims, or for a considerable period of time, the period of repeated crimes of the same repeated crimes [determination of sentence] committed by a defendant against a large number of victims who have attempted to purchase goods on the Internet, which was sentenced to punishment as stated in the criminal records of the judgment, and for which the execution of punishment has not yet been completed.