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(영문) 광주지방법원 2018.10.05 2018고정670

사기

Text

Defendant shall be punished by a fine of KRW 300,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[The records of concurrent crimes in the latter part of Article 37 of the Criminal Code] The defendant was sentenced to imprisonment with prison labor for one year and six months at the preceding district court on February 17, 2017, and the above judgment was finalized on February 25, 2017.

[2] On November 10, 2016, the Defendant posted a notice to the effect that “The basic document of Korean history 2017 C shall be sold in KRW 30,000, by accessing Internet NAB at a place where it is not possible to do so, at around 09:11.

The victim D made a contact to the purport that “the Defendant would purchase the above books” by reporting the writing posted by the Defendant as above.

However, even if the defendant did not have the above liability and received money from the injured party, he did not have the intention or ability to sell the books to the injured party.

Nevertheless, the defendant deceivings the victim as above and transferred 30,000 won to the account (E) prior to the name of the defendant to the victim.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Written statements of D;

1. A written confirmation of transfer transaction;

1. Details of text messages;

1. Previous convictions: Application of Acts and subordinate statutes concerning case search and judgment;

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

1. Selection of an alternative fine for punishment;

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) of the Act shall be limited to crimes provided for in the judgment and first head of the judgment that became final and conclusive;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;