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(영문) 인천지방법원 2014.05.30 2014고정137
사기
Text

Defendant shall be punished by a fine of KRW 300,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On December 27, 2013, the Defendant was sentenced to imprisonment with labor for a violation of the Act on the Control of Narcotics, Etc. in Busan District Court on December 27, 2013 and was sentenced to two years and six months on April 4, 2014.

Around December 4, 2012, the Defendant, via the Internet, connected NAVas, and then, in fact, prepared and posted a letter stating that the parts are sold in spite of the absence of intent or ability to sell the parts, and made a false statement to the victim C, who reported the above article, sold the parts to KRW 100,000, and then acquired 100,000 from the victim to the account of community credit cooperatives (Account Number: D) in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. An application for account transactions, a statement of transactions, etc.;

1. CCTV data that has withdrawn the amount of damage;

1. Previous convictions in judgment: Results of case search, and application of three copies of judgment Acts and subordinate statutes;

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

1. Articles 10 (2) and 55 (1) 6 of the Criminal Act for statutory mitigation;

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

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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