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(영문) 광주지방법원 순천지원 2019.05.02 2018고단326
사기
Text

A defendant shall be punished by imprisonment for six months.

The defendant shall pay 671,600 won to an applicant for compensation by deceit.

3.2

Reasons

Punishment of the crime

On September 1, 2017, the Defendant sent a false statement to the victim B who had contacted with him/her by accessing Cdap by using a Handphone at an influorial area (hereinafter referred to as “D item”). After posting a letter, the Defendant sent a false statement to the victim B, who had contacted with him/her, that “on deposit of KRW 671,600 in cash, he/she would transfer an item.”

However, even if the defendant receives money as above, he did not have the intention or ability to transfer the item to the victim.

Nevertheless, on September 5, 2017, the Defendant, by deceiving the victim as above, received 671,600 won from the victim to the account of community credit cooperatives (F) in the name of the defendant's mother-friendly E under the name of the sales proceeds of items.

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. Account settlement;

1. Application of the statute to output contents of a Mesenger conversation

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The reason for sentencing under Articles 25(1), 31(1), and 31(3) of the Act on Special Cases concerning the Promotion, etc. of Compensation Orders and Provisional Execution Proceedings is that the Defendant committed the instant crime under parole while the Defendant was under parole due to criminal records, etc. of the same kind of crime, and there are many other criminal records of the same kind of punishment. The Defendant’s damage to the victim has not yet been recovered until now, and the Defendant requested the postponement of sentencing on the ground of the repayment of damage, etc., and escaped after he requested the postponement of sentencing on the ground that the Defendant

However, the previous crimes, which were sentenced to imprisonment, are different in terms of the number of crimes in this case and the methods of crimes, the circumstances leading to the crimes by the defendant, the amount of damage, the age of the defendant and family relations, and the various sentencing conditions as shown in the records and arguments of this case shall be determined in the same manner

It is so decided as per Disposition for the above reasons.

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