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(영문) 대전지방법원 2020.02.19 2019고단4423
사기
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On September 4, 2019, the Defendant posted a letter on the Internet B Doster “E Spanish Spanish Spanish 64” at a non-permanent place, and said, the Defendant stated, “If you send 170,000 won to the victim C, you will deliver Aphone Spanish 1.7 million won.”

However, the defendant did not have the above mobile phone so that he did not have any intention or ability to sell the mobile phone even if he received the above money from the victim.

Nevertheless, the defendant deceivings the victim as above and received 170,000 won from the victim's bank account (Account Number: E) under the name of the defendant as the mobile phone price on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of deposit certificates and detailed Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order are as follows: (a) the criminal defendant, who was sentenced to a suspended sentence on November 27, 2019 due to a crime of the same kind of law, is in the relationship between the previous and the latter concurrent crimes; (b) the amount of damage to the crime of this case is minor

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