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(영문) 대구지방법원 김천지원 2018.11.06 2018고단949
사기
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

[Criminal record] On July 10, 2018, the Defendant was sentenced to six months of imprisonment for fraud in the Daegu District Court Kimcheon support, and the above judgment became final and conclusive on July 18, 2018.

[2] The Defendant sells “C contact pockets” posted by the Defendant to “B” around March 9, 2018.

“To sell contact diskettes to the victim D who reported and contacted the writing, and to deposit the contact pockets in the F Bank account (Account Number G) in the name of E, for which the completion is carried out as if he/she was E.

However, in fact, the defendant did not have the intent and ability to sell C-C-C-C-Tet to the victim.

Nevertheless, the defendant deceiving the victim as above and let the victim deposit KRW 120,000 to the F bank account in the above E name, and acquired the same amount of property profit by receiving mobile cultural gift certificates from E.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and H:

1. Written statements of D;

1. A report on internal investigation (Attachment to the details of conversations submitted by E by the account holder in the name of the account), and a report on internal investigation (verification of a user of mobile culture merchandise coupon);

1. Details of transfer;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to latest criminal records, written judgments, written indictments, etc. against a suspect);

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

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

1. The Defendant, for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, deceiving the victim, thereby deceiving 120,000 won as the price for contact diskettes.

The defendant had a record of criminal punishment over eight times, including three times of imprisonment for the same crime, and in particular, he was under the period of repeated crime for the same crime, and even though he was under the criminal trial for the same crime, he committed the crime of this case.

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