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(영문) 서울동부지방법원 2016.04.05 2015고단3786
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 January 28, 2016, the Defendant was sentenced to four months of imprisonment for fraud at the Seoul Eastern District Court, and the judgment became final and conclusive on March 30, 2016.

On July 25, 2015, the Defendant: (a) using a mobile phone used by the Defendant at an irregular place; (b) accessing the Internet NAV and on the bulletin board of the country’s website; and (c) prepared by the Victim B.

The phrase “to send 60,000 won on the face of the transfer of the said books” was falsely written to the victim, and “to send the said books on the face of the transfer of KRW 60,000.”

However, the defendant did not have the above liability and did not have any intention or ability to sell money even if he received money from the injured party.

As such, the Defendant, by deceiving the victim, was given KRW 60,00 to the Defendant’s new bank account on the following day from the victim, under the name of the sales proceeds.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against B;

1. Documents, Kakao data, and details of deposits, applications for deposit transactions, and details thereof;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, and application of each written judgment;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that the defendant has been punished several times for the same crime, and if considering the repeated crime during the period of repeated crime, it is necessary to severely punish the defendant.

However, the defendant's confession of the crime, the fact that the victim does not want the punishment against the defendant by repaying the damage, the fact that the victim could have been tried together with the same case, and the motive, means and result of the crime of this case, the circumstances after the crime, the age, criminal conduct, family environment, etc. are shown in this case.

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