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(영문) 인천지방법원 2016.06.16 2016고단2588
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On September 30, 2015, the Defendant sold the Republic of Korea currency page of the Philippines in the Internet NAV in the non-defluent room located in the Nam-gu Incheon Metropolitan Government on September 30, 2015.

A notice was posted to the effect that “.....”

However, in fact, the Defendant did not have a page, which is the currency of the Philippines, and even if he received the payment from the buyer, he was thought to be individually used for living expenses, etc., so the Defendant did not have the intention or ability to sell the currency of the Philippines to the victim.

The defendant deceivings the victim C who reported and contacted the above notice as above and received 370,000 won from the victim's SC bank account (D) in the name of the defendant from the victim, and from then on October 12, 2015, by deceiving the victims by such means as above, and received 4,159,400 won in total from 14 times in total as shown in the list of crimes in the annexed list of crimes.

Accordingly, the Defendant, as above, by deceiving 14 victims over 15 times in total, received a total of 4,159,400 won from remittance.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the respective laws and regulations of C, E, F, G, H, I, J, K, L, M, N, P, P, and Q

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the selection of fines for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. There are three identical criminal records for sentencing of Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act, and each of the crimes of this case is not against the period of suspension of execution due to the same criminal records (the crime of fraud of KRW 10,000,000, which is a victim of a financial institution), and there are no significant frequency of the crimes. However, there are unfavorable circumstances such as the fact that the defendant recognizes and reflects the crimes, and that the victims are punished by mutual agreement with 13 out of 14 victims.

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