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(영문) 광주지방법원 목포지원 2016.10.21 2016고정375

사기

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On January 19, 2016, the Defendant was sentenced to imprisonment with prison labor for one year and two years for fraud in the branch of the Gwangju District Court, and the said judgment became final and conclusive around that time.

【Criminal Facts】

On November 22, 2015, the Defendant sent a false statement to the victim E that he/she purchased a "D" camera, which is an Internet site, by accessing C 401, which is a defendant's residence in Sinpo City B, and that he/she would send the te ticket if he/she deposits the price to the victim.

However, since the defendant did not have the baret at the time, there was no intention or ability to send the money even if he received the money from the victim as the baret price.

As above, the Defendant deceivings the victim and received 150,000 won from the victim to the National Bank Account (G) in the name of F on the same day.

Accordingly, the defendant acquired property by deceiving the victim.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. E statements;

1. Previous records of judgment: Criminal history records, inquiry reports, application of statutes governing judgment;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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