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(영문) 전주지방법원 2017.10.20 2017고단1285
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal record] On August 13, 2014, the Defendant was sentenced to eight months of imprisonment for fraud in the Gwangju District Court’s net support, and completed the execution of the sentence on December 27, 2014.

[2] On March 22, 2017, the Defendant sent a false statement to the victim that “I want to purchase gold coercion gift certificates” by accessing the Internet site NAVVV to the foreign car page, and then contact the victim with the victim, and “I want to send the merchandise coupon to the Government if you send the price of the goods.”

However, as the defendant did not have merchandise coupons, there was no intention or ability to send merchandise coupons even if he receives the price for the goods from the injured party.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) obtained transfer of KRW 189,00 to the Agricultural Cooperative Account (E) in the name of No. D on the same day from the victim; and (c) by deceiving the victims by the above method from February 14, 2017 to March 22, 2017, such as the list of crimes in the attached Form, and obtained the total amount of KRW 1,024,70 from the victims on nine occasions.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each petition of C, G, H, I, J, K, L, and M;

1. Written statements of C, G, H, I, J, N, K, L, and M;

1. Details of transmission of each message, details of each transfer, photographs of transport notes, account details, transaction details, and verification of each message;

1. Previous conviction: A written inquiry about criminal history, the personal acceptance status, and the application of the judgment text and other statutes;

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

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Reviewing the sentencing criteria [Scope of the recommended punishment] and the aggravated area (one year to two years and six months) (one year to two years) of the general frauds; and

2. The defendant recognizes the crime of this case for reasons favorable to the decision of sentence.

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