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(영문) 대구지방법원 안동지원 2018.12.11 2018고단556
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 2, 2018, the Defendant was sentenced to a suspended sentence of two years on October 11, 2018 in the Daegu District Court’s support for fraud, etc., and the judgment became final and conclusive on October 11, 2018.

1. The Defendant, at a place not known on June 6, 2018, posted a notice to sell “B” by accessing the website of the Republic of Korea NAB carpets and selling “B” at a place that was not supported by the Defendant on June 6, 2018, and sent money to the victim C who reported and contacted the above notice.

“.......”

However, even if the defendant receives the payment from the injured party, he did not have the intention or ability to send the cooling machine.

Defendant: (a) deceiving the victim as above and received KRW 209,000 from the bank account (E) in the name of D Kakao on the same day from the victim; and (b) from that time until June 14, 2018, the Defendant received KRW 709,000 in total from the victims, as shown in the list of crimes in attached Form 3 times from June 14, 2018.

2. On May 17, 2018, the Defendant, at the 2018 Godan 645, sent a notice on the bulletin board to “nick and Highest Countries,” a trading site on the Internet and posted a letter on “nick and Highest Countries,” and told the victim F, who reported and contacted the letter, to “on deposit with money.”

However, even if the defendant received money from the injured party, he was thought to use it for his personal debt repayment, and he did not have the intention or ability to sell the surplus to the injured party.

As such, the Defendant deceiving the victim, and received KRW 125,00 from the victim’s account in the name of D (number G) designated by the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of C, H, I, and F;

1. Each evidentiary material and each investigation report;

1. Previous convictions in judgment: Application of inquiry statements, investigation reporting statutes, such as criminal history;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense. Article 347 (1) of the said Act

1. The latter part of Article 37 of the Criminal Act, provided that Article 39(1)1.

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