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(영문) 창원지방법원 진주지원 2016.02.04 2015고정537
사기
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On December 10, 2013, the Defendant was sentenced to six months of imprisonment with prison labor for fraud, etc. in the Changwon District Court Jinju branch on March 28, 2014, and its judgment became final and conclusive.

On February 22, 2013, the Defendant inducedd the victim C to sell “ppppppp3005 chlogram 8 in the rice Luxembourg market” on the Internet NAV C, thereby inducing the victim C to buy 110,000 won prior to the prior payment of 110,00 won.

However, the defendant did not own the above goods and did not have any intention or ability to send the goods even if he received the payment from the injured party.

As such, the Defendant, by deceiving the victim, received 110,000 won from the damaged person to the corporate bank account in the name of the Defendant, and acquired it by fraud.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. C’s authentic statements and written statements;

1. Report on internal investigation (case on the opening of an account), and reply to a warrant;

1. A detailed statement of transfer and closure data;

1. Previous convictions in the judgment: (A) a reply to inquiry, such as criminal history, reporting on the result of confirmation of the previous convictions in the disposition, (A) a report on investigation (report attached to such final convictions, etc.);

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. The latter part of Article 37 of the Criminal Act: Provided, That Article 39 (1) of the Criminal Act (the fact that the defendant reflects the crime of this case, the amount of fraud is not large, and the damage has been recovered by compensating the full amount of damage to the victim, and the crime for which a judgment has become final and conclusive simultaneously with the crime of this case and the previous record in the judgment;

Even when considering the amount of damage, etc. of the instant case, considering the fact that the sentence would not be aggravated, etc.

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