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(영문) 인천지방법원 2015.09.17 2015고정2201
사기
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On December 23, 2014, the Defendant was sentenced to a suspended sentence of one-year imprisonment for a crime of fraud at the Incheon District Court on December 23, 201, and the said judgment became final and conclusive on December 31, 2014.

1. On July 11, 2014, the Defendant posted a letter to the effect that “I will sell correspondence” on the Internet Neneberlerian website.

However, although the defendant did not intend or have the ability to sell goods, he received 389,000 won from the victim B to the deposit account (C) in the name of a national bank in the name of the victim B who believed that it is true.

2. On May 30, 2014, the Defendant posted a letter to the effect that “I will sell correspondence” on the Internet Neneberlerian website.

However, although the defendant did not intend or have the ability to sell goods, he received 398,500 won from the victim D who believed it as true to be a deposit account (C) in the name of the National Bank of Korea.

Summary of Evidence

1. Defendant's legal statement;

1. Each written petition filed by B and D;

1. Previous records: Application of Acts and subordinate statutes to criminal investigation reports (report accompanied by a copy of judgment, etc.);

1. Article 347 (1) of the Criminal Act and Article 347 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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