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(영문) 대전지방법원 천안지원 2018.04.20 2017고단2571
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal record] On November 9, 2017, the Defendant was sentenced to imprisonment for eight months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (domination award) in the Daejeon District Court’s Support on the Aggravated Punishment, etc. of Specific Crimes, and the judgment became final and conclusive on November 16, 2017.

[2] On July 25, 2017, the Defendant: (a) posted a statement on July 25, 2017, 2017, stating that he/she sold Obaba on the Internet’s online trading site, using a mobile phone at the Nam-gu, Nam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul; and (b) made a false statement to the effect that he/she would send Obaba to the victim B who reported the fact to the victim B who had contacted with it; and (c) paid the price.

However, fact was that the defendant did not own Orala, and even if he received money from the injured party, he did not wish to send Orala to the injured party or to return the money.

Nevertheless, the Defendant: (a) deceiving the victim as above; and (b) 40,000 won on July 27, 2017 to the account under the name of the Defendant from the damaged person; (c) the same year.

8.8.4.410,000 won, etc., which was remitted and acquired by fraud.

On September 11, 2017, the Defendant driven around 00:40 on September 11, 2017, while under the influence of alcohol level of 0.073% in blood without a motor device bicycle driver’s license, the Defendant driven approximately 100 amcienciated in the section of about 10 km from the road near the mouth of Yanan-si, Sinan-si, Sinan City to the 239 amcencied road of Asan City.

Summary of Evidence

[2017 Highest 2571]

1. Statement by the defendant in court;

1. B written statements;

1. Receipt for remittance of accounts, details of each account transaction, and details of Kakao Stockholm dialogue [2017 Highest 2781];

1. Statement by the defendant in court;

1. A written statement of C and D;

1. A survey report on actual conditions;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. The license ledger (before judgment is made);

1. Investigatives about criminal history, investigation reports (the facts before the judgment became final and conclusive and the facts pending before the judgment) and one copy of the judgment;

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