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(영문) 대구지방법원 2020.12.22 2020고정1634
사기
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

[Criminal Power] On July 21, 2020, the Defendant was sentenced to one year of imprisonment with prison labor for fraud, etc. at the Daegu District Court, and the same year.

9.23 The above judgment became final and conclusive.

【Criminal Facts】

1. The Defendant, on March 5, 2020, posted a letter on the Internet “C” using a computer on the PC located in Yongcheon-si, Yongcheon-gu, by stating that the Defendant would send the said goods to the victim who contacted with the Defendant.

However, the Defendant did not have the aforementioned oral and balthm, and did not have the intent or ability to send the said goods by receiving only money from the victim as living expenses, etc. under the so-called "Internet Goods Fraud".

Accordingly, the Defendant, by deceiving the victim, received 280,000 won from the Agricultural Cooperative Account (Account Number: E) in the name of the victim immediately.

2. The Defendant, at the same place as before and after March 6, 2020, posted a notice to the effect that “C sells KF94 straws” in the same manner as before and after having not held Makes, he would send the said Mak to the victim who reported and contacted with the Defendant. The Defendant, who committed the crime against the Victim F, was immediately transferred KRW 90,000 from the victim to the Kakao Bank Account (Account Number: H) account in the name of G.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement in F and B;

1. Details of transfer, details of letters exchanged with and received by the suspect, details of hosting in exchange with the suspect, and written confirmation of the results of transfer;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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. Articles 70(1) and 69 of the Criminal Act for the detention of a workhouse.

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