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(영문) 서울중앙지방법원 2020.08.19 2020고단2096
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On March 2, 2019, the Defendant posted on the Internet Blobbro, a sales letter, “I will transfer I” and falsely read “I will first transfer money and transfer I will transfer I will do so.”

However, even if the defendant received money from the victim, he did not have the intention or ability to transfer the ticket.

As above, the Defendant, by deceiving the victim and receiving KRW 350,00 from the victim’s account under the name of the Defendant, received KRW 350,00 from the victim, etc., and acquired KRW 4,837,00 in total from the victims over 11 times as shown in the annexed crime list.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement;

1. The Defendant, who is subject to each deposit transaction document attached, each letter to cover a photograph, and each Internet posting statute, was sentenced to imprisonment with prison labor for not less than two months in the Gwangju District Court 2016Kadan4623, and the judgment was finalized on February 2, 2018 (the first) and on April 15, 2020, which was sentenced to imprisonment with prison labor for not more than four months in the case of this Court 2020No101, which became final and conclusive on February 2, 2018

(2) Each of the instant crimes is deemed to have been committed from March 2, 2019 to October 17, 2019, and the crime with the second sentence is committed from July 22, 2016 to November 28, 2017, and thus, there is no possibility of being tried simultaneously with the first sentence. Therefore, each of the instant crimes and the second sentence are not related to the latter concurrent crimes under Article 37 of the Criminal Act.

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Of concurrent crimes, the defendant's mistake in sentencing reasons under the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act is recognized.

The victims do not want the punishment of the defendant by paying the amount of damage to the victims and by agreement.

However, the defendant has previously been subject to juvenile protective disposition nine times as a crime of fraud, and is sentenced to imprisonment in 2018.

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