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(영문) 의정부지방법원 2016.04.22 2016고단358
사기
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Criminal history] The Defendant was sentenced to one year of imprisonment for a crime of fraud at the Jung-gu District Court on December 15, 2015, and on January 28, 2016, as stated in the indictment on January 27, 2016, appears to be a clerical error.

The judgment became final and conclusive.

[2] On August 5, 2015, the Defendant sold Lone Starbucks E-CARD 50,000 won on the Internet’s bulletin board around the Internet.

“The” inserting a notice to the victim C who reported and contacted it, will deliver Lone Starbucks E-CARD goods if it is prohibited from sending KRW 120,00 to the account (E) of the National Bank in the name of D.

'The phrase " was made".

However, the Defendant did not have any intent or ability to sell the said goods even if the Defendant received money from the injured party, such as the said Costbucks E-CARD.

The Defendant, by deceiving the victim as such, received 120,000 won from the victim to the national bank account in the above name as the sales proceeds of the goods on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. C’s statement;

1. A certificate of deposit verification;

1. Previous convictions: Inquiry into criminal history, reporting on the results of previous convictions and reporting on the results thereof, and applying Acts and subordinate statutes to such reporting;

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. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act requires a strict punishment for the defendant, taking into account the fact that the defendant was punished for the same kind of crime, and that the crime of this case was committed again during the period of repeated crime after the defendant was punished for the same crime, and that the damage from the crime of this case was not recovered.

However, the defendant confessions and reflects the crime of this case, and the amount of fraud of this case is relatively small to KRW 1.20,000, and the defendant is a defendant.

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