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(영문) 전주지방법원 2017.12.07 2017고단1785

사기

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal record] On December 11, 2015, the Defendant was sentenced to eight months of imprisonment for fraud in the Militarysan Branch of the Jeonju District Court, and completed the execution of the sentence in the Jeonju prison on April 4, 2016.

[Criminal facts] On May 15, 2017, the Defendant: (a) puts up a sign on the NAV and the Korean car page to purchase the air clean apparatus by the victim B; and (b) contacted the victim with the victim, thereby sending the air clean apparatus if sending the price.

1. As seen, the Plaintiff made a false statement to the effect that the Plaintiff was “.”

However, the defendant did not have any air clean so that he did not have any intent or ability to sell the money even if he received the money from the injured party.

Nevertheless, the Defendant: (a) by deceiving the victim as above, received KRW 170,000 on the same day from the victim to the Agricultural Cooperative Account (C) in the name of A; (b) and (c) obtained the total sum of KRW 2,24,000 from the victims over 25 times from February 25, 2017 to May 31, 2017, as described in the list of crimes in the attached Form.

Summary of Evidence

1. Statement by the defendant in court;

1.W W, D, E, F, G, H, I, J, K, L, M, M,O, P, Q, R, T, U,V, and W

1. A report on investigation (as to the victims' conversations)

1. Financial transaction information, including deposit details;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal history inquiry, sentence and personal confinement;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Grounds for sentencing of concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes against L with the largest penalty in fraud);

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to 15 years;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Crimes Nos. 1-3: Each fraud [type of fraud]. There is no type 1 (less than KRW 100 million) of the general fraud [decision in the sphere of recommendation] (decision in the sphere of recommendation] (decision in the sphere of recommendation] basic area / [the scope of recommendation] imprisonment with labor for up to six months from one year and six months;

B. Handling multiple crimes: Imprisonment with prison labor for up to one year.