beta
(영문) 대구지방법원 안동지원 2018.08.24 2018고정3

사기

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Criminal record] On May 4, 2018, the Defendant was sentenced to imprisonment with prison labor for a crime of fraud and on June 18, 2018, and the said judgment became final and conclusive on June 18, 2018.

[2] On March 4, 2017, the Defendant reported the purchase of Lone Starbucks gift certificates posted by the victim B on the Internet, a trading site of the Internet, and on the bulletin board of the country, and made a false statement to the victim that “if money is paid to the victim, it would sell Lonebucks gift certificates.”

However, the defendant did not have the intent or ability to sell the Lone Starbucks gift certificates to the victim.

As such, the Defendant, by deceiving the victim, received 120,00 won from the victim to the NongHyup Bank account (number D) in the name of C on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. B written statements;

1. A certificate of deposit confirmation and a statement of text conversations;

1. Reporting on internal investigation (a warrant of seizure)

1. Records before judgment: Application of the text of judgment and summary information inquiry Acts and subordinate statutes;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. Although the Defendant had been subject to one time to suspend the execution of the crime of the same kind of crime and four times to a fine for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, it is highly likely that the instant crime may be subject to criticism during the suspension period.

However, the defendant recognized his mistake and opposed to himself, and seems to have agreed with the victim.

Since the crime of this case is one of the concurrent crimes after the judgment of the court and Article 37 of the Criminal Act, the equality in the case where the crime of this case is judged at the same time shall be considered.

In addition, all the circumstances revealed in the trial process, such as the defendant's age, sex, environment, motive and background of the crime, fraud amount, and circumstances after the crime.