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(영문) 대전지방법원 2018.11.20 2018고정252
사기
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

[criminal records] On April 29, 2015, the Defendant was sentenced to imprisonment with prison labor for six months for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media) at the Daejeon District Court, and on July 22, 2016, the Defendant was sentenced to imprisonment with prison labor for six months for a violation of the Punishment of Violences, etc. (joint conflict) at the Seoul East East District Court on July 22, 2016, and the judgment became final and conclusive on August 1, 2016.

[2] On November 19, 2014, the Defendant made a false statement to the victim E who visited the excellent agency D located in Daejeon-gu Daejeon-gu, Daejeon-gu, and the issue of mobile phone charges, stating that “I would like to set up an application for a fee.” The Defendant made the victim prepare an application.

In fact, however, the application prepared by the victim did not have any intention or ability to cover the victim's telephone fee even if the victim prepares an application for the change of mobile phone compensation.

The Defendant: (a) by deceiving the victim as above, and being issued a coupon; and (b) caused the victim to pay for the purchase amount of KRW 758,430,00,000 to obtain pecuniary benefits equivalent to that amount.

Summary of Evidence

1. Statement by the defendant in court (eight-time public trial);

1. Statement made by the police for E;

1. Investigation report (in cases of interview with victims, details of prosecutor's direction, and F currency-related);

1. Previous convictions in judgment: Inquiry about criminal history, application of the Acts and subordinate statutes of the Seoul Eastern District Court 2016 High Order 1329 High Order (Separation), 2016 High Order 1663 (Consolidation)

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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