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(영문) 대구지방법원 2017.05.19 2017고정556
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 October 27, 2016, the Defendant was sentenced to imprisonment with prison labor for fraud, etc. by the Daegu High Court on November 14, 2016 and the judgment became final and conclusive on November 14, 2016.

[2] On February 26, 2016, the Defendant made a false statement to the effect that the victim B posted a letter “to grant a loan” on the Internet Nene knowledge column, and that “to grant a loan on the condition that goods are purchased by using a credit card in installments.”

However, even if the defendant purchased goods in the name of the victim, the defendant did not have the intention or ability to accept the loan.

Around that time, the Defendant, by deceiving the victim, received identification cards, etc. from the victim, and received them under the victim’s name, ordered two parts of the cleaning machine with the amount of KRW 2,380,000 in the market price, and had the victim pay it to him/her, thereby having the victim obtain pecuniary benefits equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against B and C;

1. A detailed statement at the request of customers, a photograph of closure and a report on internal investigation (Attachment to NAV posted);

1. Investigation report (to have telephone conversations with Jindo B), investigation report (to have a customer center confirmed);

1. Previous records: Application of Acts and subordinate statutes to the copies of each written judgment, the search screen of prosecution cases;

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. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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