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(영문) 부산지방법원 동부지원 2017.05.25 2017고단660
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

The defendant will pay 80,000 won to the applicant through fraud.

Reasons

Punishment of the crime

On June 8, 2016, the Defendant was sentenced to one year of imprisonment for fraud in Busan District Court's Dong Branch branch branch, and the execution of the sentence was terminated on March 8, 2017.

On March 23, 2017, the Defendant posted a letter on the website of the “Seman “Seman Highest Country” on the website of the “Sevis-dong, Busan, Seocheon-dong,” and made a false statement to the effect that if the Defendant deposits money to the Defendant’s account to the victim D who contacted, the Defendant would inform the Defendant of the number of fin numbers of cultural merchandise coupons.

However, there was no intention or ability to send cultural merchandise coupons even if the money is remitted from the injured party.

In addition, the defendant deceiving the victim as above and transferred 80,000 won to the Agricultural Cooperative Account (E) in the name of the defendant on the same day from the victim, and from March 23, 2017 to the same year.

4. From the date of March, 13, a total amount of KRW 873,500 was remitted over 22 occasions, such as the list of crimes in the attached form.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement in the F, C, D, G, H, I, and J;

1. Each search and seizure verification warrant execution reply data, data on requests for provision of communication confirmation data, and data on joint replies to the financial transaction information system;

1. Previous convictions: Application of an inquiry letter, such as criminal history, and an investigation report (report on the previous convictions and confirmation of repeated crimes);

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

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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. Articles 25 (1), 31 (1) and 31 (2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Compensation Orders;

1. The reason for sentencing of Article 31(3) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of the Declaration of Provisional Execution, is that the crime of this case has repeatedly been committed for a considerable period of time, and the nature of such crime is not good, and the defendant commits the same crime.

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