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(영문) 대구지방법원 김천지원 2018.10.11 2018고단531
사기
Text

The defendant shall be exempted from punishment for the crimes No. 1 in the annexed list of crimes.

The defendants are all remaining crimes.

Reasons

Punishment of the crime

On May 27, 2016, the Defendant was sentenced to one year and two months of imprisonment for a crime of fraud at the Suwon Giwon method Board on May 27, 2016, and the judgment became final and conclusive on October 28, 2016, and the execution of the sentence was terminated on April 22, 2017 at the Suwon detention center.

On August 27, 2017, the Defendant “2018 Goman 531” told the victim to purchase the Internet NAVVER’s ‘highest country’ car page, and falsely talked with the victim that “10,000 won is deposited in advance,” and “10,000 won is to deliver wheelchairss.”

However, even if the defendant receives the price for the goods from the injured party, he did not have the intention or ability to deliver the goods.

Nevertheless, the defendant deceivings the victim as above and transferred KRW 100,000 to three treatment accounts (Account Number D) in the future under the name of the defendant as the price for goods on the same day from the victim.

around August 8, 2015, the Defendant stated that “Around August 8, 2015, the Defendant would send a camping table to the victim E who sent KRW 75,000 to the price for the goods by sending 75,000 to the price for the goods.”

However, even if the defendant receives the price for the goods from the injured party, he did not have the intention or ability to send the goods.

Nevertheless, the defendant deceiving the victim as above and received 75,00 won from the victim to the Busan Bank account (G) account in the name of F on the same day, as the price for the goods. From that time until May 14, 2018, the defendant acquired 36,458,00 won in total from the victims over 113 times from May 13, 2018.

Summary of Evidence

"Before the end of Article 37 of the Criminal Act and for repeated crimes"

1. A reply to inquiries, such as criminal history, an investigation report (report of fact during the repeated crime period), an investigation report (as such, the same type of power, repeated crime, and pending trial).

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