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(영문) 수원지방법원 2016.04.21 2016고정296
사기
Text

Defendant shall be punished by a fine of KRW 300,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[criminal history] On July 29, 2015, the Defendant was sentenced to 10 months of imprisonment with prison labor for special larceny, etc. in support of Sungnam branch of Suwon branch of Suwon, and the judgment became final and conclusive on November 5, 2015.

[Criminal facts] Even if the Defendant received money from the victims, the Defendant did not have an intention or ability to send a Handphone.

Nevertheless, on December 31, 2014, the Defendant posted a notice on the Internet NAV “S” camera, and received KRW 700,000 from the victim B who contacted the notice to C in the name of sales proceeds of Handphones, and then posted a letter on January 2, 2015, stating that “sale of handphones” in a smartphone “number of smartphones” case from the victim D, who reported it, received KRW 1.38,00 won from the victim D to C in the name of sales proceeds of handphones in total two times, such as receiving KRW 1.38,00 won from the victim D to C in the name of sales proceeds of handphones.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. A report on cybercrime in B;

1. Written petition of D;

1. Previous convictions indicated in the judgment: Application of the provisions of Acts and subordinate statutes to inquiries made by the defendant, such as legal statements and criminal history, and a copy of the judgment (a consolidated case including Suwon District Court Branch 2015 High Court 200 High Court 2015 High Court 2015 High Court 4686);

1. Relevant Article 347 of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows: (a) the defendant recognized his mistake and reflects his mistake; and (b) the amount of fine determined by the summary order, taking into account equity in the case where the defendant is punished at the same time as the first head of the judgment in which an ex post concurrent crime is established, shall be partially reduced and determined

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