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(영문) 의정부지방법원 2018.01.17 2017고단4904

사기

Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On November 15, 2017, the Defendant was sentenced to one year and six months of imprisonment for fraud at the District Court for the purpose of fraud, and the above judgment became final and conclusive on the 23th of the same month.

The Defendant was aware of the fact that he was admitted to the Internet and TV combined goods, and that the Defendant was aware of the fact that he was paid cash in the private goods when he was admitted to the Internet and TV combined goods, and that he did not have an intent or ability to pay the said fee, the Defendant was granted KRW 1.40,000 to the national bank account (F) in the name of the Defendant’s E-bank, which was put by the victim D on April 6, 2016, by phoneing the victim D in Incheon, Seo-gu C and 302.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A written complaint;

1. Four copies, such as the information on persons who will be paid for the settlement of the person under consideration;

1. A certificate of confirmation;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and criminal investigation report (in the course of continuing trial, filing of indictments in the case);

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

1. Selection of imprisonment with prison labor chosen;

1. The latter part of Article 37 of the Criminal Act: Provided, That even before the judgment, Article 39(1) of the Criminal Act provides that the Defendant shall be exempted from punishment in consideration of the following: (a) the Defendant’s medical care and custody order was issued by recognizing that the Defendant had no ability to discern things or make decisions due to a stimulative disorder or existing mental disorder; (b) the instant crime was committed in a similar time, similar situation, and similar manner; and (c) if a judgment was rendered simultaneously with the offense of fraud in the judgment, it is difficult to deem that a sentence has been imposed for more than one year and six months in prison; and (d) the Defendant is exempt from punishment.