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(영문) 대구지방법원 2018.07.19 2018고단2115
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On October 27, 2017, the Defendant posted a false statement to the effect that “The Defendant would send a monitor when sending money first to the victim C,” by accessing NAV to the “NVA” country at one’s own house located in Daegu North-gu, Daegu-gu, Seoul-gu, and by making a false statement to the effect that “The Defendant would sell a computer monitor 32”.

However, the defendant has already sold monitors to others, and even if he has received money from the injured party, he shall send a monitor.

there was no intention or ability to act.

The Defendant, as such, by deceiving the victim, received KRW 135,00 from the victim of the Saemaul Treasury account (D) in his/her name from the victim, and thereafter, received KRW 410,000 from the victims on a total of four occasions from November 10, 2017, as shown in the list of crimes in the attached Table of Crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of C, E, F, and G;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements by victim Eline);

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 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. Standard for sentencing for the reason of sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommendation] general fraud (within KRW 100 million) / [one month to one year] in the mitigated area (a special mitigated person] / In the event a person is not subject to punishment or has been recovered from considerable damage, the sentence as ordered shall be determined by comprehensively taking into account the following conditions of sentencing, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the commission of the crime.

- The two times of a fine for the same offence as the instant case, the commission of the commission of the crime and the reflection thereof, and the amount of the damage agreed with the victim F, and the remaining victims to recover the damage.

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