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(영문) 대구지방법원 포항지원 2018.06.27 2018고정125
사기
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

[criminal record] On February 16, 2016, the Defendant was sentenced to one year and two months of imprisonment for fraud, etc. at the Jung-gu District Court on June 13, 2016, and the execution of the sentence was terminated in the female prison on June 13, 2016. On October 25, 2017, the Daegu District Court Branch Branch Branch rendered a sentence of ten months of imprisonment for fraud, and the judgment became final and conclusive on March 2, 2018.

[2] On August 16, 2017, the Defendant posted a notice on August 16, 2017 on the Internet B website bulletin, and reported it to the victim C who contacted the Defendant “360,000 won,” and sent three clocks to the victim C.

“A false representation was made.”

However, in fact, the Defendant did not have the visibility of fakes, and there was no intention or ability to send visual signals even if he receives visual prices from the injured party because the money received from the injured party is scheduled to be used as living expenses, etc.

Ultimately, the Defendant received 360,000 won from the damaged party to the bank account in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A written confirmation of the results of electronic financial transfer, and details of dialogue;

1. A previous conviction: A reply to inquiry, such as criminal history, a criminal investigation report (Attachment to the judgment, etc. of the same kind of case in trial), and application of a sentence 1 of the judgment;

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

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