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(영문) 서울동부지방법원 2016.04.06 2016고단475
사기
Text

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

Reasons

Punishment of the crime

On September 2, 2014, the Defendant was sentenced to four months of imprisonment for a crime of fraud at the Seoul Eastern District Court, and on October 30 of the same year, the Defendant was sentenced to six months of imprisonment for a crime of fraud at the same court, and completed the execution of the final sentence on March 18, 2015.

On September 25, 2015, the Defendant sent a notice to the Internet NAVand a foreign car page, and then sold the instant new car page to the victim AE who reported and contacted such notice to sell the new car page at KRW 104,000.

A false statement was made.

However, in fact, the Defendant did not have the above new requisition, and even if he received the money of the goods, he did not have the intention or ability to sell the said new requisition.

Defendant deceiving the victim as above and received 104,000 won from a new bank account (Account Number: H) in the name of the Defendant on the same day from the victim, and acquired it from November 8, 2015, the Defendant deceiving each victim on a total of five occasions from the time to November 8, 2015, and defrauded 734,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of the AE, AF, AG, AH and AI;

1. Details of deposit and withdrawal transactions, details of each account transaction, inquiry of details of transactions, and verification of account transfer;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (prior convictions and confirmation of repeated crimes), text of judgment, and current status of confinement of individuals;

1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice of imprisonment;

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

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

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