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(영문) 춘천지방법원 영월지원 2015.01.30 2014고단425
상습사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On December 12, 2012, the Defendant was sentenced to six months of imprisonment for fraud in the Chuncheon District Court on March 12, 2012, and completed the execution of the sentence in the Chuncheon Prison on March 12, 2014.

On July 25, 2014, around 16:52, the Defendant posted a letter to the Defendant’s home, Taecheon-si, C Apartment 104 Dong 209, stating that “The sale of LG Blus earphones” is to sell 30,000 won of the victim D who reported and contacted the above letter.

However, the defendant did not possess Blus Dophones, so even if he received the price from the victim, he did not have the intention or ability to provide Dophones.

Nevertheless, the Defendant received 540,000 won from the victim on the same day as the price for the goods in the above false statement.

From that time until September 11, 2014, the Defendant was delivered KRW 6,001,50 by deceiving victims habitually over 25 times, such as the list of crimes in the annexed list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, F, G, and H;

1. Each written statement of D, I, J, K, L, M, N, P, Q, R, T, U, V,W, X, Y, Z, AB;

1. On the screen screen of the Kakaogle after the closure of the NAVasia, the details of the conversation, and the certificate of deposit;

1. Previous records: Criminal history records, inquiry reports and investigation reports (the confirmation report on the date of release);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the frequency of crimes, the frequency of crimes, and the fact that the same kind of crimes are repeated several times in a planned manner;

1. Relevant Article of the Criminal Act and Articles 351 and 347 (1) of the Criminal Act (Overallly, the choice of imprisonment with prison labor);

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Application of the sentencing guidelines [the range of recommendations] general fraud, type 1 (less than KRW 100 million), aggravated area (one year to two years) (one year to six months) (special), for unspecified or multiple unspecified victims, or repeatedly over a considerable period of time.

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