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(영문) 전주지방법원 정읍지원 2018.07.03 2018고단176
사기
Text

The punishment of the accused shall be determined by imprisonment with prison labor for ten months.

Reasons

Punishment of the crime

On November 14, 2017, the Defendant was issued KRW 4,706,50 on a total of 52 occasions from around 2018 to April 16, 2018 by means of a similar method from around 200,000 to the Kakao Bank account in the name of the Defendant from November 14, 2017 to April 15, 2018, where the Defendant was unable to know the address of the Gwangju Metropolitan City (hereinafter referred to as the “Seoul Metropolitan City”). Although there was no intent or ability to sell goods, the Defendant made a false statement of “to sell 7 opphonephonephones” to the victim C by using the Face North Korea.

Summary of Evidence

1. Statement by the defendant in court;

1. Each petition and statement of the victims;

1. Details of each deposit transaction, the details of each Kakao Stockholm or text dialogue, the certificates of each transfer or remittance confirmation, the certificates of each service use details, and the detailed statement of each transaction;

1. Response to financial transaction information;

1. Application of Acts and subordinate statutes on CCTV data replies;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. The grounds 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 recommendations] Article 1-type (100 million won or less) of the basic area (6 months or one year or six months) [the person who is subject to special mitigation (special mitigation)] / Where a crime is committed either for an unspecified number of victims or for a considerable amount of damage, or repeatedly for a considerable period (decision of sentence] / Where a crime is committed for an unspecified number of victims or for an unspecified number of victims (decision of sentence), the punishment shall be determined by comprehensively taking into account various factors for sentencing, such as the following circumstances, Defendant’s age, occupation, environment, etc.

It is a relatively small amount of damage for each victim in favor of one party.

Most of the victims who are in contact were recovered from the amount of damage, and some victims do not want punishment of the defendant.

The defendant is the first offender.

It is a crime that has been committed repeatedly and planned to many victims disadvantageously, and a type of crime that needs to be eradicated as a whole.

The crimes of this case are committed.

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