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(영문) 울산지방법원 2018.03.29 2017고단4349
사기
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Criminal facts

On September 30, 2016, the Defendant was sentenced to six months of imprisonment with prison labor by the Ulsan District Court on September 30, 2016 and was sentenced to two years of suspended execution on October 8, 2016, and is currently under suspended execution.

On March 26, 2017, at a place where around 01:00 on March 26, 2017, the Defendant reported the Defendant’s writing to the effect that “sale of softs” in the Internet site health market, and sold Not North Korea to the victim B who contacted with the Defendant, for sale in KRW 20,000.

A false statement was made.

However, since the Defendant did not have the Nowon-do, even if he received money from the injured party, the Defendant sent the Nowon-gu.

there was no intention or ability to act.

On March 26, 2017, the Defendant, by deceiving the victim as such, received KRW 200,000 from the victim to the Agricultural Bank Account (D) in the name of Nohbuk, from the victim, and received KRW 1,367,000 from the victim to April 25, 2017 by means of the above seven times in total, as indicated in the separate crime list, as shown in the separate crime list.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. A statement and a petition of the victims;

1. Details of financial transactions, copies of Kakao Stockholm messages, remittance receipts, and photographs of the results of transfer;

1. Application of the Acts and subordinate statutes to report internal investigation and investigation;

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the crime, the selection of fines;

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 reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order is that the defendant had a strong criminal intent and obtained a strong criminal intent to sell goods and acquired a 1,360,000 won through 7 times, and there is no good method to commit the crime and there is a unfavorable condition, such as moving to the crime of this case during the period of suspended execution, but the defendant is against the crime of this case, and most of the damage is most.

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