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(영문) 수원지방법원 2019.05.17 2018고정2035
사기
Text

Defendant shall be punished by a fine of KRW 80,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

[criminal power] On June 23, 2017, the Defendant was sentenced to seven months of imprisonment with prison labor for a violation of the Military Service Act at the Suwon District Court on February 1, 2018 and the judgment became final and conclusive on February 1, 2018.

【Criminal Facts】

The Defendant and B had falsely read the body of computer at C site as if they sold the body of computer, and received the payment.

On November 27, 2017, the Defendant, in collusion with B, posted a false statement to the Defendant’s ID access to the Internet C (i.6500 computer body) and read “to send the main body to the victim D who contacted B with B by making payments.”

However, as the defendant and B did not have the above computer body, they did not have the intention or ability to send the body of the computer even if they receive the payment from the victim.

The Defendant and B received 260,000 won from the victim to the E-bank account in the name of B.

Accordingly, the defendant received property in collusion with B.

Summary of Evidence

1. Each police interrogation protocol of the accused (including a substitute interrogation);

1. A suspect interrogation protocol concerning B by the prosecution;

1. Written statements of D;

1. Evidence of damage, each search, seizure and verification warrant (2017-21503), reply data (29 pages, 45 pages), investigation report (victim D telephone conversations, 146 pages);

1. Previous convictions indicated in judgment: Criminal records, copies of each written judgment (256 pages), previous records of disposition, results of confirmation, and application of Acts and subordinate statutes;

1. Article 347 (1) and Article 30 of the Criminal Act concerning the relevant criminal facts, the choice of punishment, and the choice of fines;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. To reduce part of the fines prescribed by the summary order in consideration of equity in the case where the person is adjudicated simultaneously with the first head prior to the judgment on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act.

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