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(영문) 춘천지방법원 2016.03.24 2015고정410
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 5, 2015, the Defendant was sentenced to imprisonment with prison labor for one year and a fine of three million won for fraud, etc. in Youngwon branch of the Chuncheon District Court, and the said judgment became final and conclusive on November 16, 2015.

1. On October 19, 2014, the Defendant: (a) sold cultural merchandise coupons to the victim D in the NA of the Republic of Korea on the NAV from the Republic of Korea on the NAV on the 19th 19th 19th 2014; and (b) obtained money from the victim to the NAE account in the name of the Defendant

2. On August 28, 2014, the Defendant: (a) sold mobile culture gift certificates to the victim F in the NAV in the Republic of Korea on the NAV on the 28th of 2014; (b) and (c) obtained money from the damaged party to the foreign exchange bank E account in the name of the Defendant and acquired the same amount.

3. On August 28, 2014, the Defendant: (a) posted the gift certificates to the victim C in the NAV of the Republic of Korea on the NAV on the 28th of 2014; and (b) obtained 40,000 won from the damaged party’s foreign exchange bank E account; and (c) acquired the same amount by

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement in D, F, and C;

1. Details of remittance and transfer;

1. Previous convictions in judgment: Inquiries about criminal history and the application of the text of judgment (one right, 37 pages of investigation records) Acts and subordinate statutes;

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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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 is that the Defendant has not been agreed with the victims up to now, and all of the judgments have already been punished several times for the same kind of crime except for the previous records entered in the facts. However, the Defendant has committed a confession of each of the crimes of this case, and his mistake is divided, and the equity between each of the crimes of this case is to be considered at the same time when the judgment is rendered.

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