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(영문) 전주지방법원 군산지원 2019.01.16 2018고단464
사기
Text

A defendant shall be punished by imprisonment for a period of five months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 9, 2017, the Defendant posted a letter of galloning sale on D, which is a galloning site in the Gunsan City B and C, which is a residence of the Defendant, and if the victim E, who reported and contacted, transfers KRW 235,00 to the Defendant who expressed his intention to purchase, then delivery of galloning galloning galloning.

‘Falsely speaking to the effect that ‘’ was false.

However, since the defendant did not have a gallonis, even if he receives a gallonis from the victim, he did not have an intention or ability to sell gallonis to the victim.

Nevertheless, the Defendant, by deceiving the victim and receiving 235,00 won from the victim, and deceiving the victims in the same manner as the list of crimes in the attached Form from around February 20 to February 20, 2018, and acquired 4,836,00 won in total over 38 times.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of E, F, G, H, I, J, K, L, M, N, P, Q, R, T, U, V, and W;

1. Application of Acts and subordinate statutes to each petition, each statement of transfer, each statement of dialogue, reply (X, Y Bank), and each investigation report (for additional confirmation of a victim);

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

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

1. Article 62 (1) of the Criminal Act;

1. The circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act of the community service order are divided and reflected.

It seems that the victims whose account number, etc. has been confirmed due to contact have been paid all damages.

D. Unfavorable circumstances: Along with ten times the record of punishment for fraud, which was committed in the same way as the instant case, the same crime was repeated (which had the record of punishment for suspended sentence of imprisonment).

The amount of money obtained through the above circumstances, and the age, character and conduct, environment, motive, means and consequence of the crime.

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