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(영문) 대구지방법원 2018.07.19 2018고정237
사기
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On November 15, 2017, the Defendant sold the gallon 5 cellular phone on the Internet gallon and the national gallon.

If “173,00 won is remitted to the victim B who has reported and contacted, 5 mobile phones will be delivered in gallon No. 5.

“A false statement” was made.

However, the defendant did not have the above mobile phone and the victim's money is thought to be used as living expenses, etc., so even if he received money from the victim, he did not have the intention or ability to send the above mobile phone to the victim.

Accordingly, the Defendant, by deceiving the victim, received KRW 173,00 from the victim’s account in the name of the Defendant from the victim, to the (C) bank account in the name of the Defendant, and received KRW 173,000 from that time to November 26, 2017 totaling KRW 493,000 from the victim, such as the list of crimes in attached Form three times from that time.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the respective Acts and subordinate statutes of B, D, and E;

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the choice of fines for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The fact that there have already been the history of having been punished several times for the same kind of crime, and circumstances favorable to the fact that damage has not been recovered: confession and reflects: The defendant's age, sex, criminal conduct, environment, family relationship, motive and consequence of the crime, and other circumstances shown in the pleadings of this case, such as the circumstances after the crime, shall be determined as ordered by the text;

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