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(영문) 인천지방법원 2014.09.11 2013고단6020

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant, in spite of the absence of the intent or ability to produce and develop a web site, has advertised that he would do so more infinitely than other producers on the web site of the web program developer, such as the Internet C, and has tried to receive money from the person who requested the production of the web site as the down payment or advance payment from the person who requested the production of the web site.

On March 25, 2011, the Defendant reported and contacted the above advertisement at the office E office of the fourth floor of Mapo-gu Seoul Mapo-gu Seoul Metropolitan Office, Inc., for the victim F, “I wish to produce and supply the website that the party wants. First of all, 50% of the above amount as the down payment would be produced and supplied a website until May 9, 201.”

As such, the Defendant: (a) by deceiving the Victim F and received KRW 1850,000 from the Victim F to the new bank account in the name of the Defendant on the same day; and (b) from around April 10, 2012, the Defendant received total of KRW 20,60,000,000 from 7 victims, from that time to April 16, 2012.

Summary of Evidence

1. Statement of the accused in the third protocol of trial;

1. Each statement made by G, H, I, and J concerning the accused in the second and third examination protocol of prosecution;

1. Each protocol of prosecutorial statement concerning J, I, H and G;

1. Statement of the police statement related H;

1. Each statement of K, H, L, M, and I;

1. An investigation report, a criminal investigation report, a criminal investigation report, a criminal investigation report (related to a suspect's work), a criminal investigation report, a criminal investigation report (attached to data related to damage), a criminal investigation report, a criminal investigation report, a criminal investigation report, a file of a criminal investigation report (Listening to the statement of a suspect and victims), a file of a criminal investigation report, and a criminal investigation report;

1. Each contract;

1. Each certificate of transfer, details of deposits, and application of Acts and subordinate statutes on the remittance of victims;

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

1. The Criminal Act among concurrent crimes.