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(영문) 수원지방법원 안산지원 2018.04.12 2018고단600
사기
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On May 31, 2017, the Defendant was sentenced to imprisonment with prison labor for special larceny, etc. from the Incheon District Court Branch Branch on May 31, 2017, and the judgment became final and conclusive on October 27, 2017.

On December 30, 2016, the Defendant: (a) made soup and soup on the Internet site No. 30,016, the Defendant made a false statement to the effect that “I will transfer the right of access to KRW 100,000 to the face value of the passenger’s forfeited right,” and “I will transfer the right of access to KRW 100,000 to the face value of the passenger’s forfeited right.”

However, in fact, the defendant did not possess the right of guest room, and there was no intention or ability to sell it.

Nevertheless, the Defendant, by deceiving the victim, received 100,000 won through a bank account in the name of C for the same day from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. B written statements;

1. Account transfer details;

1. Efabrying the contents of text messages;

1. Previous convictions: Inquiry about criminal history and application of Acts and subordinate statutes of each written judgment;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. Article 39 (1) of the Exempted Criminal Act (In cases where a defendant has been adjudicated simultaneously with the judgment that became final and conclusive, consideration of equity shall be given to him/her);

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