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(영문) 대구지방법원 2018.11.09 2018고정520
사기
Text

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

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

Reasons

Punishment of the crime

On January 11, 2018, the Defendant was sentenced to six months of imprisonment with prison labor at the Daegu District Court for fraud, etc., and such judgment became final and conclusive on July 3, 2018.

On June 28, 2017, the Defendant, at a place not known by the Defendant, sold at the Internet site, “LG HBS-1100 Blus opening 7500 won.”

The phrase "" is posted and the victim B who reported and contacted this, will sell "BS-100 B of B of B of B of B of B of B of B of B.

“A false representation was made.”

However, even if the Defendant did not have the above Blus Dophone and received money from the victim, he did not have any intent or ability to send the above Blus Dophone to the victim.

The Defendant, as such, by deceiving the victim, received KRW 78,000, including KRW 3,000,000, from the victim to the virtual account (D) in the name of the IMF foreign exchange C around June 28, 2017, from the victim.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement;

1. A petition, a transfer statement, a closure disposition by the second country, and a Kakao dialogue;

1. A previous conviction in judgment: A statement of inquiry about criminal history, a report on investigation (a written complaint and a report on details of the progress of a trial), a report on investigation (a confirmation in the current appellate trial judgment), the results of case search, and the application of statutes of the

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of an alternative fine for punishment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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