logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 경주지원 2018.05.09 2017고단840
사기
Text

A defendant shall be punished by imprisonment for not less than three months.

Reasons

Punishment of the crime

On October 28, 2016, the Defendant was sentenced to three months of imprisonment and two months of imprisonment for fraud at the Ulsan District Court, and on March 11, 2017, the Defendant completed the execution of the sentence at a detention house.

On August 17, 2017, the Defendant sells two copies of KRW 100,00 won for cultural merchandise coupons on the Internet bulletin board of the high-class country.

“The 170,000 won is transferred to the victim C who reported and contacted the 170,000 won,” and the 100,000 won is sold to the victim C.

‘Falsely speaking' was made.

However, the defendant did not have a cultural merchandise coupon, so even if he receives the payment from the injured party, he did not have an intention or ability to send the merchandise coupon.

The defendant received 170,000 won from the injured party to the corporate bank account in the name of the defendant's seat as the purchase price of the goods on the same day.

From that time to August 20, 2017, the Defendant belonged to victims in total four times as indicated in the list of crimes in the attached Table, and received a total of KRW 412,500 from the victims to the above corporate bank account or the corporate bank account under the name of the Defendant.

Accordingly, the defendant was informed of the victims to receive each property.

Summary of Evidence

1. Statement by the defendant in court;

1. E in a written statement, receipt, or the NAV screen and the closure of a letter;

1. An inquiry about the results of transfer by a F statement, account transaction details, and the closure of letters;

1. A written statement, a transfer inquiry, or the closure of a letter;

1. An inquiry about the details of G statements, liquidity transactions, or the closure of a letter;

1. Previous convictions in judgment: Inquiry of criminal records and investigation records, and application of Acts and subordinate statutes to report criminal investigations (verification of the current status of confinement of suspects);

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

1. Reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes [the scope of recommending punishment] of type 1 (less than KRW 100 million) in the mitigation area (one month to one year) in the mitigation area (the person who has been specially mitigated) is not subject to punishment.

arrow