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(영문) 대구지방법원 김천지원 2017.11.08 2016고단133
사기등
Text

The defendant shall be punished by imprisonment with prison labor for the crime No. 1 to No. 4 in the annexed list of crimes among the crimes in the judgment of the defendant.

Reasons

Punishment of the crime

[criminal record] On November 20, 2014, the Defendant was subject to a disposition to transfer juvenile protection cases at the branch office of the former District Public Prosecutor's Office (Seoul District Public Prosecutor's Office) on five occasions, including special larceny, and on April 14, 2015, the Defendant was sentenced to two years of suspension of execution on April 22, 2015, which was sentenced to two years of suspension of execution due to fraud, etc. in the former District Public Prosecutor's Branch branch office (Seoul District Public Prosecutor's Office). However, on July 7, 2015, the said judgment became final and conclusive on August 5, 2015, when the sentence of suspension of execution became null and void, the Defendant was under execution of the sentence in the Kimcheon Juvenile Prison, and on July 28, 2015, the said judgment became final and conclusive on July 28, 2015.

[Criminal facts]

1. On January 22, 2015, at around 19:54, the Defendant: (a) reported and contacted the victim D, who readed that the Defendant would sell electronic tobacco posted on the cell phone fix “(s) bulletin board” at around 402-dong 212, Dongsan-si, Seoul Special Metropolitan City; and (b) reported and contacted that the Defendant would sell electronic tobacco.

The phrase “ makes a false statement.”

However, in fact, the defendant did not have electronic tobacco and did not have an intention or ability to sell the electronic tobacco normally because he did not wish to use it individually by receiving the payment from the injured person.

The defendant deceivings the victim as above and received KRW 45,00 from the Agricultural Cooperative account (Account Number: E) in the name of the defendant on the same day from the victim, and, from around that time to May 27, 2015, the defendant deceivings all eight victims over a total of eight times, such as the list of crimes in the attached list of crimes, and received a total of KRW 630,000 from the victims.

2. On June 11, 2015, the Defendant: (a) opened a door that was parked in the frontway of the U.S. in the U.S., U.S., the market price of the victim G owned by the victim G, which was parked therein, and boarded into the driver’s seat; (b) used the key sticked inside the door, and (c) used the key sticked therein.

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