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(영문) 광주지방법원 2013.11.27 2013고정2197
사기
Text

Defendant shall be punished by a fine not exceeding five hundred thousand won.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On September 26, 2013, the Defendant was sentenced to 6 months of imprisonment with prison labor for special larceny and 1 year of suspended execution in the Gwangju District Court’s Netcheon Branch, and the said judgment became final and conclusive around that time:

1. On February 7, 2013: (a) on February 13:08, 2013, the Defendant posted on the Internet site NVber C “Sales of the Samsung Northern Computer” makes a false statement to the victim D who made contact with him/her by stating that “once he/she transfers the money, he/she will send the Nowonbuk”; and (b) in this context, he/she took over 600,000 won from the victim to the E-registered bank account.

2. On February 7, 2013, at around 13:20, the victim F, who reported and contacted the comments as described in paragraph (1), made a false statement to the victim F, who “on the same day, would send Nowon-gu if he/she remitted the price,” and then, he/she acquired 600,000 won from the victim to the account described in paragraph (1) on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D and F;

1. Previous records of judgment: Criminal records and application of statutes governing judgment;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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