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(영문) 대전지방법원 서산지원 2019.10.02 2019고정102
사기
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

On May 16, 2019, the Defendant was sentenced to imprisonment with prison labor for six months for fraud in the Seosan Branch of the Daejeon District Court, and the said judgment became final and conclusive on May 24, 2019.

1. On June 11, 2018, the Defendant, against the victim B, posted a notice to the victim B, “T PC is sold to KRW 130,000,” and said that “The victim B, who expressed his intent to purchase money, will send the PC to the victim B.”

However, in fact, the defendant was thought to consume money from the victim for living costs, and there was no intention or ability to sell ga PC.

The Defendant, by deceiving the victim as above, received 130,000 won from the victim to the Agricultural Cooperative (E) account in the name of the defendant-friendly custody D, and acquired the property of the victim.

2. On July 9, 2018, the Defendant, against the victim F, posted a notice to the victim F, that “The Defendant sold solar PC to KRW 50,00,00,” and said that “The victim F, who expressed the purchaser’s intention, will send the flue PC to the victim F.”

However, in fact, the defendant was thought to consume money from the victim for living costs, and there was no intention or ability to sell ga PC.

The Defendant, by deceiving the victim as above, received 50,000 won from the victim’s agricultural bank account (G) in the name of the Defendant, and acquired the property of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A written statement;

1. The certificate of remittance and the statement on the results of the transfer:

1. Application of criminal records, reply reports, and final judgment-making statutes;

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the applicable criminal facts, the choice of fines;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. Articles 70(1) and 69(2)1 of the Criminal Act for the detention of a workhouse;

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