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(영문) 제주지방법원 2017.06.16 2017고정10
사기
Text

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

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

Reasons

Punishment of the crime

[Criminal record] On September 29, 2016, the Defendant was sentenced to imprisonment with prison labor for one year and two months at the Jeju District Court on September 30, 2016 and the judgment became final and conclusive on September 30, 2016.

[2] On October 16, 2015, the Defendant: (a) posted a statement on the sale of electronic currency on the Internet NAB page in which it is impossible to identify the name in the Jeju-si Interconnection; (b) posted such statement on October 16, 2015; and (c) sent the electronic currency to the victim C who contacted the statement to transfer KRW 1,582,000 to the Korean Telecommunication E account in the name of D; and (d) received a remittance from the victim on October 16, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. The document and written statement of the F;

1. A certificate of transfer confirmation;

1. Previous convictions in the judgment: Inquiry of summary information of the case and application of a text of the judgment by one of the statutes;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. The latter part of Article 37 of the Criminal Code to treat concurrent crimes, but Article 39(1) of the Criminal Code to the effect that the Defendant claimed that the victim of the instant case paid full damages, including the amount of the instant damage, to C during the process of the judgment in the judgment.

However, according to the judgment of the case in the judgment of the court of the first instance [the Jeju District Court 2015 High Court 2015 High Court 1802 High Court 2016 High Court 15 High Court 2016 High Court 157 High Court 157 High Court 359 (Joint) and Jeju District Court 2016 High Court 285], during the appellate trial of the case in the judgment, the defendant agreed to pay 12 million won to C, and the sum of money acquired by the victim C in the case in the judgment of the court below is 1,199,

B. There is no evidence submitted as to the defendant's additional repayment of the damage amount of the instant case to C

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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