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(영문) 대전지방법원 공주지원 2016.08.12 2016고정51
사기
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

[Power of crime] On April 22, 2016, the Defendant was sentenced to one year to imprisonment with prison labor for night buildings, larceny, etc. at a public order branch of the Daejeon District Court on April 30, 2016, and the judgment became final and conclusive on April 30, 2016.

[2] On August 26, 2015, the Defendant sold the phone call (64G) around 15:30 on the Internet and on the bulletin board of the country’s website.

“” posted a letter, and false statement was made to the victim B who reported and contacted the above notice as if he were sold 6 flus.

However, since the defendant did not possess the above goods, even if he receives the price for the goods from the injured party, he did not have the intention or ability to sell it.

Nevertheless, the defendant deceivings the victim as above and received 450,000 won from the victim C’s bank account (D) in the name of C.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. A written petition;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a report of investigation (adjudications of the case pending in judgment, confirmation of final and conclusive facts) Acts and subordinate statutes;

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. The latter part of Article 39 (1) of the Criminal Act exempted from punishment (Equitable to cases where the defendant is led to confession, is in depth, and is in violation of depth, and simultaneously with the judgment of night building intrusion larceny, etc. as judged by the final judgment);

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