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(영문) 부산지방법원 동부지원 2018.08.16 2018고단1180
사기
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On April 12, 2018, the Defendant was sentenced to two years of imprisonment for fraud, etc. in the Busan District Court's Dong Branch Branch, and the judgment became final and conclusive on July 21, 2018.

On September 6, 2017, the Defendant: (a) reported the comments posted by the Victim B on the Internet website of the Republic of Korea on September 6, 2017, and made contact to the victim; and (b) made a false statement to the effect that “if deposit is made to pay KRW 303,00,000 to the virtual account, the Defendant acquired 303,00 won by transfer around that time.”

Summary of Evidence

1. Statement by the defendant in court;

1. B written statements;

1. Previous conviction: Application of Acts and subordinate statutes as a result of case search;

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

1. The latter part of Article 37 of the Criminal Act: (a) Article 39(1) of the Criminal Act provides that the final and conclusive judgment is pertaining to the fraud of trading online goods 90 times from July 19, 2017 to October 30, 2017; and (b) considering the fact that the instant fraud was committed at the same time as the instant crime was committed during the said period, the punishment would not have changed even if the judgment was rendered simultaneously with the instant crime).

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