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(영문) 인천지방법원 부천지원 2016.04.14 2016고단174
사기
Text

A defendant shall be punished by imprisonment for not less than two months.

Reasons

Punishment of the crime

On October 7, 2015, the Defendant was sentenced to ten months of imprisonment with prison labor for fraud, etc. in the Busan District Court Branch Branch of the Incheon District Court, and on February 19, 2016, the said judgment became final and conclusive.

1. On February 22, 2015, the Defendant posted a false statement to the effect that he/she sold cultural merchandise coupons after accessing NAVV, a trading site for valuable goods on the Internet, to NAV, and then selling cultural merchandise coupons. The Defendant reported it to the victim E, who visited the victim E, stating that “The amount equivalent to KRW 150,000,000 is sold for KRW 135,00,000.”

However, the facts are that the defendant did not own cultural merchandise coupons at the time, and there was no intention or ability to sell them.

The defendant deceivings the victim as above and received 135,000 won as the price for cultural merchandise coupons from the victim and acquired it by deceit.

2. On April 15, 2015, the Defendant posted a false statement to the effect that he/she sold cultural merchandise coupons after accessing the NAV, a medium-sized goods transaction site on the Internet, to the NAV, and then selling cultural merchandise coupons. The Defendant reported it to the victim F, who visited the victim F, stating that “I sell KRW 20,000 in KRW 17,00 per Chapter 1.”

However, the facts are that the defendant did not own cultural merchandise coupons at the time, and there was no intention or ability to sell them.

The defendant deceivings the victim as above and obtained 34,000 won from the victim as the price for cultural merchandise coupons and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police officer in relation to G;

1. Each petition of the F and E;

1. A report on internal investigation (List 4);

1. Previous convictions in holding: Investigation Report (List 21), and Application of the text of the judgment (List 22);

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. The latter part of Article 37 of the Criminal Code to deal with concurrent crimes: Provided, That the circumstances favorable to the defendant for sentencing of Article 39(1) (a confession, confession, etc.) are as follows.

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