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(영문) 부산지방법원 2017.12.11 2017고단5303
사기
Text

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

Reasons

Punishment of the crime

[criminal records] On February 13, 2014, the Defendant was sentenced to one year and three months of imprisonment for fraud at the Daejeon District Court, and completed the execution of the sentence at the Changwon Prison on May 20, 2015.

[2] On February 6, 2017, the Defendant posted the Defendant’s house No. 101, 2001, 2001, the Defendant posted the Defendant’s book to sell books to young children on the Internet NAV’s website bulletin board, and made a false statement to the victim EA, who reported and contacted, stating that “When sending KRW 100,000 to a new bank account under the name of the Republic of Korea, it would send the book to the young children.”

However, even if the defendant receives the price from the injured party, he did not have the intention or ability to sell the book of young children.

The defendant deceivings the victim as above and transferred KRW 100,000 to the bank account (Account Number EB) in the name of the defendant from the victim.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the EA;

1. A complaint;

1. Previous convictions: Application of an inquiry letter, such as criminal history, and an investigation report (verification of suspect A period of repeated offense) statute;

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

2. Selection of penalty penalty:

3. Article 35 of the Criminal Act for aggravated repeated crimes;

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