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(영문) 대전지방법원 천안지원 2017.09.08 2017고정430
사기
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On October 30, 2016, at the defendant's house located in Nam-gu, Nam-gu, Nam-gu, Dong-gu, the defendant purchased the victim's "E" ticket posted on the Internet NAE bulletin board. The defendant reported the content thereof and contacted the victim to sell the Badton's ticket.

“A false representation was made.”

However, even if the defendant receives money from the injured party, the defendant did not have any intention or ability to sell the Dominton's pockets to the injured party.

Nevertheless, the Defendant, by deceiving the victim, received 150,000 won under the name of sales proceeds from the account in the name of the Defendant’s bank account from the victim.

In addition, from around that time to January 31, 2017, the Defendant received a total of KRW 1,873,000 from 13 victims by the same method as indicated in the list of offenses in attached Table 13 times.

Summary of Evidence

1. Statement by the defendant in court;

1. Each petition and statement of F, G, D, H, I, J, K, L, M, N,O, P, and Q;

1. Application of the Acts and subordinate statutes on reply materials for warrants;

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the choice 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. The defendant's criminal reasons for sentencing under Article 334 (1) of the Criminal Procedure Act are many victims, and the contents of the fraudulent act are not good.

However, the defendant recognizes his mistake and is against his will.

The fact that the victims other than the victims of crime Nos. 9, 10, 12, and 13 are repaid is confirmed in records.

In addition, the defendant was sentenced to a suspended sentence for the same kind of crime committed at the same time in this Court 2017 High Court 440, 576, 58, 879, 903 (Joint) and is still pending at the appellate court of Daejeon District Court. The defendant was sentenced to a suspended sentence for the same type of crime, along with the crimes in the above case.

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