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(영문) 광주지방법원 2013.07.16 2013고단2224
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

[criminal power] On June 15, 201, the Defendant was sentenced to one year and two months of imprisonment for fraud, etc. at the Gwangju District Court, and completed the execution of the sentence on July 17, 201, and on October 9, 2012, the judgment became final and conclusive on December 14, 2012, by being sentenced to imprisonment for two years and six years for fraud, etc. at the same court.

【Criminal Facts】

The Defendant, in collusion with B, did not have a mobile phone and received the price, but did not have an intention or ability to sell it.

1. On March 7, 2012, the Defendant posted an article on access to the Internet Dana and its website (htp:/www.danawa.com) bulletin board, thereby sending money to the victim C who reported and contacted the above article on a galthal jumian cell phone sales advertisement, and then wrongfully acquired money from the victim by creating a national bank account in his/her name and remitting money amounting to KRW 650,000 on the same day.

2. On March 7, 2012, the Defendant posted an article on access to the Internet Dana and its website (htp:/www.danawa.com) bulletin board, thereby sending money to the victim D who reported and contacted the above article, thereby delivering the article. B created a national bank account in one’s name and received 600,000 won from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A suspect interrogation protocol concerning B by the prosecution;

1. Each police statement of C or D;

1. Previous convictions: Criminal records, investigation reports (reports on criminal records of the same kind of suspect and attachment of court rulings), and application of two copies of court rulings;

1. Article 347 (1) and Article 30 of the Criminal Act: Selection of imprisonment with prison labor;

1. Article 35 of the Criminal Act among repeated crimes;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the defendant is led to confession and reflect on the reasons for sentencing in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act.

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