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(영문) 대전지방법원 2021.01.22 2020고단4918
사기
Text

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

The defendant shall be 150,00 won, by fraud, to the applicant B (200 years of age) for compensation.

Reasons

Punishment of the crime

On February 14, 2019, the Defendant was sentenced to one year and two months of imprisonment for fraud, etc. at the Daejeon District Court, and completed the execution of the sentence on December 30, 2019.

On June 26, 2020, the Defendant posted an article stating that he would sell the said victim’s goods even if he did not intend to sell the goods, and sent KRW 580,000 to the above victim who visited the victim by reporting it on the Internet F site bulletin, the Defendant sent the son’s label.

In addition, the defendant deceiving the above victim as above and he received 580,000 won from the above victim's account in the name of the defendant on the same day from the above victim, and the same year from around that time.

9. From the time of 26.26. The victims were informed of each of the victims by the same eight times in total as the list of crimes in the attached Table, and the victims were delivered KRW 2,295,000 in total.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each statement in E, G, H, B (200), D, I, J, C (199) preparation;

1. Each authentic document, details of transactions in a gold account, each detailed statement of transactions, each transfer statement, remittance statement, certificate of remittance confirmation, investigation report (report on re-preparation of a list of crimes), and investigation report (report on partial revision of the list of crimes);

1. Application of an inquiry letter, such as criminal history, investigation report (suspect A's criminal history and confirmation of criminal history of repeated offense), and the current status of confinement of each individual;

1. Article 347 (1) of the Criminal Act and the choice of imprisonment with labor for the crime

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. Article 25 (1), 31 (1), 31 (2), and 3 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings for Orders for Compensation and Sentence of Provisional Execution;

1. The defendant's erroneous reasoning for sentencing under Article 32 (1) 1 of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits for Dismissal of Application for Compensation is recognized.

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