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(영문) 부산지방법원 2013.11.07 2013고단5670
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On January 10, 2013, the Defendant was sentenced to six months of imprisonment and one year of suspended execution at the Seoul Central District Court, and the judgment became final and conclusive on January 18, 2013.

On February 5, 2013, at around 10:40, the Defendant posted a notice on the Internet website D stating that the victim AT purchased the principal product right, and made contact to the victim and made a false statement to the effect that “I would send the principal product right upon the remittance of KRW 200,000.”

However, since the defendant did not have the above main product right, there was no intention or ability to send the above product even if he is paid the price.

As such, the Defendant, by deceiving the victim, received 200,000 won from the victim to the Agricultural Cooperative Account (G) in the name of the Defendant on the same day as the price for goods.

Summary of Evidence

1. Defendant's legal statement;

1. AT statement;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (attached to indictments, etc.), previous records of dispositions, results of confirmation, and application of Acts and subordinate statutes to investigation reports (attached to judgment);

1. It is so decided as per Disposition on the grounds that the pertinent Article of the Criminal Act, Article 347(1) of the Criminal Act, the choice of punishment for the crime of the same kind, and Article 347(1) of the Criminal Act, the choice of imprisonment (in spite of being subject to suspended sentence due to the crime of the same kind, the crime of this case

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