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(영문) 의정부지방법원 고양지원 2014.10.01 2014고단1792
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal Power] On May 18, 2012, the Defendant was sentenced to two years of imprisonment for fraud, etc. at the Ulsan District Court on July 3, 2013, and completed the execution of the sentence at the Seongbuk Detention House.

【Criminal Facts】

In fact, the Defendant did not have the intent or ability to sell used goods even if the Defendant reported that he would sell used goods on the Internet bulletin board “Baber” and received the remittance of the price for used goods from the victim W.

Nevertheless, on January 20, 2014, the Defendant received 380,000 won from the victim to the account of community credit cooperatives (L) in the name of the Defendant in the name of the Defendant in Gyeyang-gu I and 201 (J building) and acquired it by fraud, stating that “If 380,000 won is deposited, 380,000 won shall be sent to the victim from the mobile phone to the mobile phone.”

Summary of Evidence

1. Defendant's legal statement;

1. Written statements;

1. A specification of transactions;

1. Previous convictions indicated in judgment: Application of criminal history records, inquiry reports (A), investigation reports (prior to repeated crimes of the same kind, judgment, attachment of confinement information), and statutes;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The reason for the sentencing of Article 35 of the Criminal Act among repeated offenders [the scope of recommending punishment] General Fraud (less than KRW 100,000) [1-2 years and six months] of the aggravated area (the person under special jurisdiction] of the same repeated crime [the sentence] [the amount of damage in this case is relatively small besides the above sentencing factors in April] of imprisonment, in addition to the above sentencing factors, the amount of damage in this case is relatively small, in addition to the above sentencing factors, in order to be sentenced to imprisonment with prison labor for night building intrusion, theft at night, etc. at the higher court of the government district court and the appellate court is continuing, taking into account the defendants' age, character, conduct

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