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(영문) 수원지방법원 2014.01.10 2013고단5660
사기
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

On June 3, 2011, the Defendant was sentenced to eight months of imprisonment with prison labor at the Jeonju District Court for fraud, and completed the execution of the sentence in the military prison on December 20, 201, and on August 28, 2013, the Defendant was sentenced to one year of imprisonment with prison labor for fraud, etc. and the said judgment became final and conclusive on September 27, 2013.

The Defendant confirmed the phone number of the seller and the buyer on the Internet NA B page, and attempted to obtain money by transmitting text messages that require the buyer to transfer as if he were the seller.

1. Around June 5, 2013, the Defendant sent text messages from the PC bank to the victim C, stating that “the transfer of money from the PC to the victim C.”

However, even if the defendant receives the price from the victim, he did not have the intention or ability to sell the above goods.

The defendant received 88,00 won from the victim as the price for the goods on the same day from the victim to the City Bank Account (Account Number D) in the name of the defendant.

2. On the same day, the Defendant sent a text message to the victim E, stating that “the remittance of the money to sell the gas sports supplies.”

However, even if the defendant receives the price from the victim, he did not have the intention or ability to sell the above goods.

The Defendant received 110,000 won from the victim to the above account as the price for goods on the same day.

Accordingly, the defendant was provided property by deceiving the victims.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and E;

1. Transfer certificate;

1. Previous convictions indicated in judgment: Application of criminal records and investigation reports (report on the results of confirmation before disposition, and continuous crimes) Acts and subordinate statutes;

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

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

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;

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