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(영문) 창원지방법원 마산지원 2019.02.12 2018고정291
사기
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

On May 15, 2018, the Defendant was sentenced to two years of imprisonment for fraud in the Changwon District Court Msan Branch, and the judgment became final and conclusive on August 17, 2018.

On October 17, 2017, the Defendant posted the phrase “to sell secondhand containers” on the Internet’s trading site “B” at a place where no information is known, and made a false statement that he would send secondhand containers if he deposits KRW 1,00,000 to the victim C who reported and contacted the fact.

However, as the defendant did not have a used container, there was no intention or ability to send a used container even if he receives money from the victim.

The Defendant, by deceiving the victim as above, received KRW 1 million from the victim to the E bank account in the name of D used by the Defendant on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s authentic statements and written statements;

1. Previous convictions in judgment: Application of the Acts and subordinate statutes governing "integrated case inquiry (Law No. 18No. 1230 of the Changwon Branch Act)" which are bound to the investigation report (prior confirmation) and the records of public trials;

1. Relevant Article 347 (1) of the Criminal Act concerning the crime, the choice of a fine, and the choice of a fine;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act to attract a workhouse;

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