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(영문) 대구지방법원 2015.02.12 2014고정2761
사기
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On November 15, 2013, the Defendant was sentenced to eight months of imprisonment for fraud at the Daegu District Court, which became final and conclusive on March 28, 2014.

The defendant and the public prosecution B conspired to receive money from victims who reported and contacted this article by posting a letter of sales of infant goods in the Niberian Kaba, and then receive money from them.

Around September 7, 2013, the Defendant and B conspireded to sell the Defendant’s house, 407, Daegu-gu C apartment Gaba-dong 407, Defendant B, posted a sales text, such as “Masss money”, “Mas money house”, “pas house”, etc. on three occasions, such as receiving KRW 180,000 from the victim D, KRW 80,000 from the victim E, and KRW 300,000 from the victim F to the account of the community credit cooperatives (G) in the name of Defendant B.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the suspect B of each police officer;

1. Written statements of D;

1. Investigation reports (the details of transactions of community credit cooperatives);

1. Previous records: Investigation report (Confirmation of the date of confirmation), application of each statute of the judgment;

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

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

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

1. It is so decided as per Disposition on the grounds of the latter part of Article 39(1) of the Criminal Act exempted from punishment (the equality between the case and the case of judgment at the same time as the case in which judgment becomes final);

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