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(영문) 창원지방법원 2017.06.14 2017고단1367

사기

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal record] On November 19, 2015, the Defendant was sentenced to one year of imprisonment for fraud at the Busan District Court, and the execution of the sentence was terminated on July 15, 2016 at the Busan Detention House.

[2] On November 6, 2016, the Defendant: (a) the Defendant did not possess the goods and received money from the injured party because of lack of living costs in the Defendant’s residence located in Kimhae-si, Kim Jong-si; (b) and (c) did not have any intent or ability to sell it, the Defendant received money from the injured party; (d) on the part of the injured party, the Defendant posted a letter stating that “the purchase of halog Twits” was made on the NA; and (e) concluded that the Defendant would send money to the injured party by contact with the injured party; and (e) received KRW 115,000 from the injured party to the Nong account (W) and received money from the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of Q;

1. To take a course, such as deposit stamps and conversation details;

1. Previous convictions in judgment: Inquiry about criminal history, investigation reports (Attachment of the text of the judgment), copies of each judgment, and application of Acts and subordinate statutes concerning personal confinement;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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

1. The sentencing criteria [Scope of the recommended punishment] and the aggravated area (one year to three years) of the type (one hundred million won of imprisonment) of the general fraud (one year to nine months) (a person subject to special sentencing) (a person subject to special sentencing) for unspecified victims, and the same repeated crime (aggravating factors);

2. The Defendant, who was sentenced to criminal punishment, is guilty of committing a crime, and is against the wrongness.

The value of the acquired money is not significant.

In recent years, one year and six months have been sentenced to imprisonment by the first instance court for the same kind of fraud, and the appeal court is still in progress.

The age can be considered as a favorable condition in favor of others.

However, this case is a fraudulent crime against unspecified victims on the Internet, and it is not good for the crime to be committed in light of its methods and attitudes.

up to the H. H. position.