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(영문) 부산지방법원 동부지원 2016.12.12 2016고정942
사기
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On January 21, 2016, the defendant of criminal records was sentenced to three years of imprisonment with prison labor for a year for fraud, etc. in the Busan District Court's Dong Branch Branch, and the same year.

1. 29. The above judgment was finalized.

Criminal facts

At around 07:20 on July 14, 2015, the Defendant made a false statement that the Defendant would transfer money to the victim B, who became aware of the Internet NAVER Kafa, to transfer money equivalent to KRW 110,000,00,000 to the victim B.

However, the defendant did not have any intention or ability to transfer money to the fin number of cultural products.

In addition, it is true that the victim who believed this to be true receives 10,000 won of cultural products right number, 100,000 won of cultural products right number, and 110,000 won of cultural products right number from the victim who believed it to be true, but did not pay the money and did not pay the money and acquired financial benefits equivalent to the above cultural products right.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. B written statements;

1. The details of text messages;

1. Previous convictions in judgment: Application of criminal records, one written judgment, and one copy of search of integrated cases and outputs under Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The latter part of Article 39 (1) of the Criminal Act exempted from punishment (it takes into account equity, etc. with cases where judgment has been rendered simultaneously with an offense for which judgment has already become final and conclusive, such as a previous conviction

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