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(영문) 대전지방법원 2015.05.20 2015고단577
사기
Text

Punishment 30,000 won per annum of crime sight table in the judgment of the defendant, and 2,3-3-2,00 won per annum of crime sight table in the judgment.

Reasons

Punishment of the crime

[criminal power] On October 22, 2014, the Defendant was sentenced to a suspended sentence of two years for criminal fraud at the Daejeon District Court for six months. On October 30, 2014, the said judgment became final and conclusive.

【Criminal Facts】

On October 24, 2014, the Defendant confirmed that, by accessing the Internet NAVVV, No. 105, 413, the Defendant posted a notice that the victim D would buy a game CD, and made a false statement that the victim would sell for KRW 40,00 won to the victim's new bank account in the name of A (E) in the name of the victim believed to be true, and received KRW 110,00 won in total three times as shown in the attached list of crimes, such as the receipt of KRW 40,00 from the victim who believed to be true.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D, F and G;

1. Each specification of transactions (Evidence Nos. 3, 6, 9);

1. Previous records of judgment: Application of criminal records, references to criminal records, amounts of dispositions, and reporting Acts and subordinate statutes;

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

1. The latter part of Article 37 and Article 39(1) of the Criminal Act concerning concurrent crimes (this shall be between fraud and fraud for which judgment becomes final and conclusive, relating to No. 1 of the List of Crimes at the time of sale);

1. Of concurrent crimes, Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes stipulated in the crime committed on No. 2 and No. 3 in the table of crime sight at the time of the sale thereof, and the aggravated punishment for concurrent crimes committed on No. 3 in the table of crime sight which is more severe);

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The sentencing criteria shall not be applicable in excess of the choice of fines for the application of the sentencing criteria;

2. Although there is a need to strictly punish the defendant in the sense that the defendant committed the instant crime even though he had a number of criminal records of the same kind, the amount of damage is not so large, the defendant reflects and repents the crime, and the crime of this case No. 1 in the list of crimes in the holding has already become final and conclusive.

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