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(영문) 대구지방법원 포항지원 2019.09.05 2019고단915
사기
Text

The sentence against the accused shall be determined by a fine of KRW 1,00,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

[Criminal Power] On January 18, 2019, the Defendant was sentenced to two and a half years of imprisonment for fraud at the Daejeon District Court on January 22, 2019, and the judgment became final and conclusive on January 22, 2019.

【Criminal Facts】

1. Around February 6, 2018, the Defendant, at the Defendant’s home located in Gumi-si C, posted a letter stating that “I sell Ambdo wdo wdo wdo wdo wdo wdo wdo wdo wdo wal wald wald wald wald wald wald wald wald b to the victim B who contacted with

However, the Defendant did not have the said resistance, and thus did not have any intent or ability to send goods even if he received money from the victim. The Defendant, by deceiving the victim as above, received KRW 83,000 from the Defendant E account in the name of the Defendant in the name of the victim for the sales price of the diaperous. 2. On July 17, 2018, the Defendant, who committed the crime against the Victim F, connected the Defendant’s home located in the Gumisisisi District, to the D site and sold “furd furine frates.”

“The expression “” was written to the victim F who reported and contacted this, and the victim F who sent 69,000 won to the victim F.

However, since the defendant did not have the above decentralization, there was no intention or ability to send things even if he received money from the victim.

The Defendant, by deceiving the victim as above, received 69,000 won from the victim to the H account under the name of G in the name of the proceeds of selling distributed oil.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. B written statements;

1. Details of transactions and certificate of confirmation;

1. Before ruling: Criminal records and application of respective statutes of judgment;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting a crime and the choice of punishment. Article 347 (1) of the Criminal Act

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 of the Criminal Act for the detention of a workhouse.

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