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(영문) 부산지방법원 동부지원 2018.03.29 2018고단133
사기
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On November 22, 2017, the Defendant was sentenced to 10 months of imprisonment for fraud in Busan District Court's Dong Branch Branch, and the judgment became final and conclusive on February 23, 2018.

Around July 9, 2017, the Defendant, without the intent or capacity to sell goods, stated that “computers shall be inserted into computer parts” posted by the victim B in his/her own residence and on the bulletin board of the fluor fluor fluor fluor fluor fluor, and that “on the same day, to deliver the proceeds to the victim first.” The Defendant received KRW 350,000 from the Defendant’s account as the price for goods, and acquired them by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Details of the victim’s Kakao dialogue;

1. Detailed statement of transactions of automation machinery;

1. Previous convictions in judgment: Application of inquiry statements, investigation reporting statutes, such as criminal history;

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: Provided, That Article 39(1) of the said Act (the final and conclusive judgment in its holding refers to the fraud of trading goods on the Internet 40 occasions from June 2017 to July 2017, and considering that the instant fraud crime was committed once within the said period, even if the judgment was rendered at the same time, the punishment would not have changed)

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