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(영문) 대전지방법원 2016.04.11 2015고단4252
사기
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On January 6, 2016, the Defendant was sentenced to imprisonment with prison labor for larceny and intrusion upon residence at the Daejeon District Court, and the judgment became final and conclusive on April 8, 2016.

On June 15, 2015, the Defendant: (a) at a place where it is difficult to identify a place in which it is located; (b) “The sales of Aphone 6 plugs” is NAV and the Defendant reported the posting on the website of the country, and sold Aphone 6 plugs in KRW 780,00 to the victim C who contacted with the Defendant.

“The phrase “ was false.”

However, there was no intention or ability to sell a mobile phone even if the defendant did not hold the above mobile phone, and even if he received the above money.

The Defendant, as such, by deceiving the victim, received 780,00 won as sales proceeds from D’s bank account from D’s seat to D’s bank account.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s statement;

1. A remittance statement or a certificate of deposit transaction;

1. Previous convictions in judgment: Application of Acts and subordinate statutes reporting the previous convictions and results thereof;

1. Article 347 (1) of the relevant Act concerning the facts constituting an offense, the choice of punishment, and the choice of imprisonment;

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 (the details of a crime for which judgment has become final and conclusive, the details of a crime in this case and the scale of damage, etc. shall be taken into account in cases where a judgment is to be concurrently

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