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(영문) 서울남부지방법원 2019.07.03 2018고단5167
사기
Text

A defendant shall be punished by imprisonment with prison labor for three months.

Reasons

Punishment of the crime

【Criminal Power】 On June 5, 2019, the Defendant was sentenced to one year of imprisonment by the Seoul Southern District Court for violating the Electronic Financial Transactions Act, etc., and the judgment became final and conclusive on June 13, 2019.

【Criminal Facts of Crimes】 The Defendant, from May 23, 2018, to the Bupyeong-gu Incheon Bupyeong-gu B market, the victim C, “I will pay the amount to the current account at the face of the day.”

"......"

However, the defendant did not have the intent and ability to pay the excess amount to the victim.

The Defendant received from the victim the delivery of 148 non-indicted 1,776,00 won and 5,000 won of the market price at the same day and at the same place.

Accordingly, the defendant deceivings the victim, thereby taking the property amounting to KRW 1,781,00.

Summary of Evidence

1. Partial statement of the police interrogation protocol of the accused;

1. Statement to C by the police;

1. Receipts:

1. Previous records of judgment: Criminal history records, reply reports, judgment, application of Acts and subordinate statutes as a result of inspection and search;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

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

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