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(영문) 부산지방법원 2017.05.25 2016고정3851
사기
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

On June 15, 2016, the Defendant was sentenced to eight months of imprisonment for fraud at the Busan District Court, which became final and conclusive on September 20, 2016.

1. On September 25, 2014, the Defendant sold a C contactet “C contactet” on the bulletin board of the Defendant’s dwelling in the Busan Jin-gu B building operation 502.

“To send money to a victim D who has contacted to purchase a contact book by posting a letter “” and reporting it to send C contact book to the victim D who has contacted to purchase a contact book.

Note .

“...”

However, in fact, the defendant did not think that he will receive money for personal living expenses for the purpose of selling contact diskettes and did not have any fact that he purchased C contact pockets. Therefore, even if he received money from the injured party, he did not have the intention or ability to send C contact pockets.

The defendant deceivings the victim as above and received 300,000 won from the national bank account in the name of the defendant on the same day.

2. On October 7, 2014, the Defendant sent to the victim E any money at the place described in paragraph 1 and in the same manner as described in paragraph 1.

Note .

“...”

However, even if the defendant receives money from the injured party, such as the statement in paragraph 1, he did not have the intention or ability to send Fitetet.

The defendant deceivings the victim as above and was delivered KRW 268,00 to the national bank account in the name of the defendant on the same day from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement;

1. A reply to a request for the provision of information on financial transactions after cutting down a receipt or a Kakao Stockholm conversation and making a reply to the request therefor;

1. Previous convictions in judgment: Application of the provisions of the Acts and subordinate statutes concerning the results of autopsy and search;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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