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(영문) 수원지방법원 2013.11.21 2013고정2778
사기
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

1. A previous criminal record and the Defendant was sentenced to one year of imprisonment for fraud, etc. at the Seoul Central District Court on April 12, 2013, and the judgment became final and conclusive on June 27, 2013.

2. On February 17, 201, the Defendant, without selling the fishing market price or having the ability to sell it, reported the phrase “to purchase at least 12 fishing markets” posted by the victim by accessing the Internet B website, and falsely contacted the victim C to sell it. The Defendant received KRW 120,000 from the victim to the bank D account in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written statement prepared in C;

1. Transfer certificate;

1. Previous convictions in judgment: Application of Acts and subordinate statutes of the court ruling and summary agreement auxiliary to cases;

1. Article 347 (1) of the Criminal Act applicable to the crime;

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

1. The latter part of Article 39(1) of the Exempted Criminal Act (the part concerning fraud among the criminal facts of a punishment, the criminal facts of which the fact is confirmed, shall be considered in the same way as the crime of this case, by receiving money from the victims and taking it into account the equality with the case to be judged concurrently);

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