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(영문) 대구지방법원 영덕지원 2018.06.20 2018고정19
사기
Text

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

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

Reasons

Punishment of the crime

1. Around November 15, 2017, the Defendant posted a false letter stating that he/she sells up-to-door crowdfunding on the Internet opening of November 15, 2017, and send the article to C if he/she trusted and contacted the victim C with “300,000 won is deposited.”

“A false statement” was made.

However, even if the defendant received the above money from the injured party, he did not have the intention or ability to send the above money to the injured party.

The defendant deceivings the victim as above and acquired 300,000 won from the victim's account in the name of the defendant to the NongHyup Bank account (D).

2. On November 27, 2017, the Defendant posted a false letter stating that he/she sells up trading via a sexual harassment to a high-class country on the Internet around November 27, 2017, and send the article to the victim E who trusted and contacted with the Defendant “280,000 won upon deposit of KRW 280,000.

“A false statement” was made.

However, even if the defendant received the above money from the injured party, he did not have the intention or ability to send the above money to the injured party.

The defendant deceivings the victim as above and took over KRW 280,00 from the victim's account in the name of the defendant to the NongHyup Bank account (D).

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes of C and E of each petition;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes against a victim C with heavier penalty)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include the fact that the defendant has been punished several times for the same kind of crime, but the defendant has recognized all of the crimes in this case, repented and reflected his mistake, and the defendant fully repaid the victims of each of the crimes in this case.

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