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(영문) 수원지방법원 2018.11.15 2018고단5416
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal records] On September 29, 2017, the Defendant was sentenced to one year and two months of imprisonment for fraud at the Suwon prison method, and was released on April 30, 2018 during the execution of the sentence, and the parole period expired on May 26, 2018.

[2] The defendant's right of defense is not guaranteed to the extent that there is no possibility of actual disadvantage to the defendant's exercise of the defendant's right of defense.

On May 28, 2018, the Defendant sold “C contact diskettes” at the site of “B” at an insular site of the members of Ansan-si, Ansan-si.

“The Z described in the facts charged against the victim E, after posting a notice on the sales of the content, seems to be a clerical error.

In order to transmit the certification photographs of the above public performance pockets, and to make a false statement as if the above public performance pockets were sold.

However, the defendant did not have the intention or ability to deliver the price to the injured party even if he did not actually purchase the above performance ticket, and was thought to use the money received from the injured party as an individual living expenses and debt repayment.

Nevertheless, the defendant deceiving the victim as above and received 120,000 won from the F bank account (G) in the name of the defendant in the name of the victim for performance in the same day from the victim, as well as from around that time to August 7, 2018, the defendant deceivings the victims by the same method 19 times in total, such as the statement in the list of crimes in the attached Table, and then, he was remitted from the victims to the F bank account in the name of the defendant in the name of the victim for the payment of goods.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Each petition and statement of E, I, J, K, L, M, N, P, Q, Q, R, T, U, V, W, X, and Y;

1. Each transaction statement, each deposit statement, and

1. Each D message;

1. Previouss before ruling: A/Written inquiry, such as criminal history;

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