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(영문) 대구지방법원 2014.04.11 2014고정272
사기
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On November 15, 2013, the Defendant was sentenced to eight months of imprisonment for fraud at the Daegu District Court. On January 15, 2014, the Defendant appealed and dismissed the appeal by the Daegu District Court. On January 15, 2014, the Defendant filed a final appeal with the Supreme Court notice of the decision to dismiss the appeal on March 28, 2014.

Defendant

And B expressed a letter that "book" is sold on the Internet NAV C website, and expressed that they receive money from the victim who reported it and received money from the victim.

Defendant

B and around September 7, 2013 and around the 8th day of the same month, in B’s residence located in Daegu Dong-gu D Building No. 407(E apartment) Dong-dong, Daegu-gu, 2013, posted an article to sell Abagre’s “Agreg” on the Internet Nene C website, and made a false statement to sell the said book to F and the victim G.

However, even if the defendant and B received money from the victims, they did not have the intention or ability to sell the books.

Defendant

A and B received KRW 150,000 from the victim F, and KRW 150,000 from the victim G to the account of community credit cooperatives (H), respectively.

As a result, Defendant and B conspired to induce the victims and received the victims' property.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of F and G;

1. Previous convictions in judgment: Investigation report (verification during the appellate trial proceedings after the rendering of a separate judgment), and application of each statute of the judgment;

1. Articles 347 (1) and 30 of the Criminal Act concerning facts constituting an offense;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The latter part of Article 39(1) of the Criminal Act exempted from punishment (the crime of this case and the crime for which judgment has become final and conclusive simultaneously with the previous offense shall be considered equity in case of concurrent judgment);

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