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(영문) 인천지방법원 2018.05.03 2018고단149
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

【Criminal Records】 On January 19, 2018, the Defendant was sentenced to ten months of imprisonment for fraud to the Incheon District Court, and the above judgment became final and conclusive on the 27th of the same month.

【Criminal fact-finding on June 15, 2017, the Defendant posted a letter stating that “D-do public performance contact diskettes are sold” by accessing the Internet NAVVV in the Defendant’s residence, Nam-gu Incheon, Incheon, 203 Dong-gu, 2304, a foreign car page, and false statement was made to the victim E who reported and contacted the above writing as if he sold the contact pocket normally.

However, since the defendant did not have the contact pockets, even if he received money from the injured party, he did not have the intention or ability to sell the contact pockets.

As above, the Defendant: (a) received KRW 150,000 on the same day from the injured party to the Nong Bank account in the name of F.C. under the name of F. Tweet price; (b) received KRW 150,000 around 22:49 on the same day; and (c) received KRW 150,000 on the same day from the above day to August 20, 2017 in the same manner; and (d) received money totaling KRW 1,402,00 from the victims over six times, such as the list of crimes in the same manner.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of G, E, H, I, J, and K;

1. A report on internal investigation and investigation into the account holder, and a report on internal investigation (F telephone conversations of the person under suspicion);

1. A certificate of confirmation of each transfer, inquiry of details of transfer, etc., details of transfer, etc., records of transfer of earth and sand, records of transfer, records of deposit of passbook without passbook, records of check-up transactions, internal stations, and records of use of earth and sand services;

1. The details of the Kakao Stockholm dialogue, the Defendant posted, each of the Kakao Stockholm dialogue content, and the Kakao Stockholm dialogue;

1. Previous convictions: Confirmation of the date of confirmation of related cases, application of Acts and subordinate statutes governing final rulings of 17 No. 3563,4690 of the Incheon District Court Act;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

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

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Code of Aggravation of Concurrent Crimes.

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