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(영문) 전주지방법원 2018.05.30 2017고단2542
사기
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On December 7, 2017, the Defendant was sentenced to one year of imprisonment for fraud at the Jeonju District Court, and the said judgment became final and conclusive on April 9, 2018.

1. On September 8, 2017, the Defendant posted a letter stating that “The sales of “C contact pockets” to Niberian Republic of Korea, and said that “the Defendant would send a ticket if you send money.”

However, since the defendant did not have the above contact diskettes from the beginning, there was no intention or ability to deliver goods to the victim.

Nevertheless, the defendant deceivings the victim as above and acquired 400,000 won from the victim to the Kakao Bank Account (E) under the name of the defendant.

2. On September 15, 2017, the Defendant posted a letter stating that “The sales of “C contact pockets” to the Nurier Republic of Korea, and reported it to the victim F who contacted the Defendant that “on the way to send money,” the Defendant sent the ticket to the victim F.

However, since the defendant did not have the above contact diskettes from the beginning, there was no intention or ability to deliver goods to the victim.

Nevertheless, the defendant deceivings the victim as above and acquired 410,000 won from the victim to the bank account (G) of the name of the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Each petition of D or F;

1. Details of transfer to each account, and those of Kakao Stockholm dialogue;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (the suspect's criminal history, text of judgment, and search of cases b) and statutes;

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

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. The latter part of Article 39 (1) of the Criminal Act exempted from punishment (the defendant confessions and reflects each of the crimes in this case, and is sentenced in the final judgment, and facts constituting the final judgment, and this case.

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