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(영문) 광주지방법원 2017.10.26 2017고단2502
사기
Text

A defendant shall be punished by imprisonment with prison labor for three months.

Reasons

Criminal facts

On April 27, 2017, the defendant was sentenced to imprisonment with prison labor for one year and ten months for fraud, etc. in the Gwangju District Court Netcheon Branch on April 27, 2017.

7. The judgment became final and conclusive.

1. On November 26, 2016, the Defendant called the victim B, who is operating a used car sales store, and the Defendant said that “The Defendant owns four strings to the vehicle sales marketing as the representative D of C, which is the marketing company, and the Defendant said that “The four strings are owned by one 2.2 million won, and the remaining 3 strings are sold in total at KRW 7.3 million.”

However, even if the defendant did not own a blog and received money from the injured party, he did not have the intention or ability to open the blog account.

The defendant deceivings the victim as above and transferred 7.3 million won to the national bank account in the name of E around November 26, 2016 from the victim.

2. On July 2016, the Defendant stated to the head of the company in charge of the settlement of victims, which was known through F, an Internet site, at a closed place of not more than the end of the end of the year, that “I would like to write up 100,000 won per unit of I, and KRW 30,000 won per unit of I, 30,000 won per unit, in advance, into the instant block,” and to the effect that “I would draw up 100 items of this paper.”

However, in fact, the defendant attempted to acquire money from the damaged person in a situation where normal work is difficult due to aggravation of economic situation, etc.

Defendant deceiving the victim as above and transferred KRW 2,901,00 from around August 1, 2016 to the J NongHyup Bank account in the name of J.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to B and H;

1. Previous convictions: Inquiries about criminal history and the application of Acts and subordinate statutes of investigation report (in the case, outputs and text of judgment);

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) shall apply;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Code of Aggravation of Concurrent Crimes.

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