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(영문) 전주지방법원 2018.07.20 2018고단73
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[Criminal record] On November 30, 2017, the Defendant was sentenced to a two-year suspended sentence of imprisonment with prison labor for a special injury by the Jeonju District Court, and the sentence became final and conclusive on December 8, 2017.

[2] On November 25, 2017, the Defendant stated that the Defendant sold the above computers to the victim D, who reported and contacted, by putting on the Internet a letter that he/she sold the computers and monitors to the Defendant’s residence located in 3 Dong-gu Seoul Special Metropolitan City Cement 3 Dong-dong 101, 201, and sold them to 700,000 won.

However, even if the defendant received money from the injured party, he did not have any intention or ability to sell the money to the injured party because the defendant tried to use the money as a deposit of a case pending in a trial due to special intimidation, etc. at the Jeonju District Court, but did not have a computer, monitor, etc.

The defendant received 70,000,000 won from the victim to the Saemaul Treasury account in the name of the defendant on the same day, and acquired it by fraud, and received a total of 2,170,000 won from the victims on three occasions, such as the list of crimes in the attached Form.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A report on investigation (in addition to a victim-related information);

1. Previous convictions: Application of the text of the judgment, previous convictions and results of confirmation, and Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning facts constituting an offense;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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 favorable to the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The amount of damage is not significant, the victims have returned all the amount of money received from the victims, and the fact that there is no criminal record for the same kind of crime is favorable to the defendant.

Unfavorable circumstances: the defendant.

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