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(영문) 의정부지방법원 고양지원 2020.01.30 2019고단3522

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 14, 2018, the Defendant made a false statement to the victim CL stating that the Defendant would transfer the right of cultural products when remitting KRW 40,000.”

However, in fact, the defendant did not have cultural products rights, and unlike the victim's speech, he thought that he would consume the money received from the victim for personal purposes, such as living expenses, and there was no intention or ability to sell cultural products to the victim.

Accordingly, the Defendant, by deceiving the victim as above, received 40,000 won from the victim to the Tbank account (CN) account in the name of the Defendant designated by the Defendant on the same day from the victim, and acquired 3,918,300 won in total from June 8, 2018 to July 22, 2018, respectively, and acquired 3,000 won in total from 30 victims as the price for goods as indicated in the attached crime list from June 8, 2018 to July 2, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer with regard to CM;

1. Written statements of CL, CO, CP, CCP, CCR, CTR, CTS, CU, CV, CY, CY, CZ, DB, DB, DD, DD, DE, DF, DH, DH, DJ, DJ, DK, DK, DPE, DPE, DN, DP, DP, and Q;

1. Application of relevant Acts and subordinate statutes to attached data (written confirmations on the results of a transfer, the results of a consolidated transfer, the inquiry into the details of transfers, the details of transfers, the details of transfers, the details of transactions, the details of advance transactions, the details of remittance, the statement of remittance, the certificate of results of remittance, the certificate

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. The range of recommendations on the sentencing criteria [the determination of types] general fraud (less than KRW 100 million): In cases of aggravated factors: Cases of committing repeatedly against unspecified or multiple victims or over a considerable period of time.