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(영문) 춘천지방법원 영월지원 2014.04.29 2014고단108
상습사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On December 28, 2011, the Defendant was sentenced to two years of imprisonment with prison labor for habitual fraud in the Daejeon District Court on December 28, 2011, and on August 9, 2013, the same criminal records were 11 times, including the completion of the execution of the sentence in the Daejeon Correctional District Court.

On November 2013, the Defendant posted a letter and a photograph to sell HG chairss and freeboards on the Internet site NPC bulletin board in Thaisi-si, Thailand, the Defendant told the victim F, who reported and contacted the above article, to send the above KRW 4.50,00 won to HG wheelchairss and freeboards.

However, in fact, the photograph taken by the defendant was searched and copied on the Internet, and the defendant did not have any HG wheelchairs or slick, so even if he received money from the victim, he did not have the intent or ability to send the above goods to the victim.

On November 4, 2013, the Defendant received 450,000 won from the victim via the National Bank Account (G) in the name of the Defendant around November 14, 2013.

In addition, the Defendant received a total of KRW 3,530,00 from nine victims under the same method as indicated in the list of offenses, from December 27, 2013 to December 15:38, 2013.

In this regard, the defendant had received the victims' property by deceiving them habitually.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H and I;

1. Each statement of J, K, F, L, M and N;

1. A complaint filed by theO;

1. Certificates of deposit, details of transfer by the Internet banking, results of transfer processing, copies of passbooks, details of deposit and withdrawal transactions, and sign language photographs;

1. Previous records of judgment: Criminal records, inquiry reports on criminal records, previous records of dispositions, results of confirmation, and current status of personal confinement;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the frequency of crimes, the frequency of crimes, and the repeated crimes of the same kind in the judgment;

1. Relevant Article of the Criminal Act and Articles 351 and 347 (1) of the Criminal Act concerning the choice of punishment;

1. Article 35 of the Criminal Act among repeated crimes.

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