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(영문) 대전지방법원 2015.03.12 2015고단62
사기
Text

A defendant shall be punished by imprisonment for not less than three months.

Reasons

Punishment of the crime

On July 4, 2013, the Defendant was sentenced to one year of imprisonment for fraud at the Seoul Western District Court, and completed the execution of the sentence on January 27, 2014.

On August 24, 2014, the Defendant read a false statement to the effect that “V pandecing Pocket” published by the victim U on the Internet NAVV Gaba,” at his/her own residence located in Daejeon Jung-gu Tunit 7, Daejeon, Daejeon, and that “The Defendant would first sell the Pocket to the victim at KRW 42,500, and send the money to the victim at the first place of deposit.”

However, the defendant did not have panty-oriented diskettes, so there was no intention or ability to sell them.

As such, the Defendant, by deceiving the victim, received 42,500 won from the victim’s own account in his/her name.

Summary of Evidence

1. Defendant's legal statement;

1. U’s written statement;

1. Previous records: Application of Acts and subordinate statutes to inquiry reports and investigation reports (attached to indictments, etc.);

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The fact that Article 35 of the Criminal Act among repeated offenders has the ability to punish a majority of the same kind of punishment for sentencing, the scale of damage caused by the same repeated crime is minor, repayment of the amount of damage, reflectivity,

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