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(영문) 광주지방법원 2017.02.28 2016고단5260
사기
Text

Defendant shall be punished by a fine of KRW 500,000.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Criminal facts

On March 31, 2016, the Defendant was sentenced to one year of imprisonment for fraud at the Gwangju District Court, and the judgment became final and conclusive on April 8, 2016.

On January 6, 2016, the Defendant reported that “A victim C purchases a mid- and long-term phone call” posted on the website of the Republic of Korea (hereinafter “SIB”) and called “ABBP”) to contact the victim,” and “ABP will first deposit KRW 30,00,00,000 on the face of the State, and send a phone call call via a door-to-door.”

However, the defendant thought that he did not have a portable phone and received money from the mobile phone price and used it as living expenses, etc.

On January 7, 2016, the Defendant, by deceiving the victim as above, received 30,000 won from the victim to the Gwangju Bank account in the name of the Defendant and acquired it by defrauded.

Summary of Evidence

1. Statement by the defendant in court;

1. A certificate of deposit;

1. Kakao Stockholm photographs by capturing the contents of the Kakao Stockholm conversation;

1. Previous convictions in judgment: Investigation report (report on the results of confirmation of the previous convictions in disposition), and application of statutes governing the judgment;

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. Subsequent to Article 37 of the Criminal Act dealing with 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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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