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(영문) 서울서부지방법원 2017.06.29 2016고단3522

사기등

Text

The sentence of sentence against the defendant shall be suspended.

Of the facts charged in the instant case, the charge is innocent.

Reasons

Punishment of the crime

On February 2, 2016, the Defendant recruited to raise a living cost by deceiving money against C and many unspecified males by pretending to engage in sexual traffic.

C는 위와 같은 공모에 따라 인터넷 채팅사이트인 앙 톡 또는 즐톡에 접속하여 ‘D’ 라는 닉네임으로 1 시간에 100,000원, 선입 금 50,000원의 조건으로 성매매를 하겠다는 내용의 채팅 방을 개설한 후 성매매를 원하는 남성들에게 “ 선입 금을 해 주면 성매매를 하겠다.

The Defendant made a false statement as “,” and the Defendant used the Defendant’s bank account (E) with the name of the Defendant who used the Stockholm to call to the said male to engage in sexual traffic and received advance payment, as if the said male were women engaged in sexual traffic.

The fact is that, upon receipt of a prior deposit, it was thought to be used for the cost of living, and there was no intention to engage in sexual traffic.

Around February 23, 2016, the Defendant and C received KRW 120,000,000 from the victim F to the Defendant’s bank account in advance under the name of deposit from the victim F by deceiving the victim F by the aforementioned method, and received the total amount of KRW 1,820,000 from the victims over 30 times during the period from around that time to March 26, 2016, as shown in the list of crimes in the attached Table.

Accordingly, the defendant in collusion with C received property from the victims.

Summary of Evidence

1. The defendant's legal statement (as at the third public trial date);

1. A copy of the second examination protocol concerning C to the prosecution;

1. A copy of each police interrogation report on G, H, I, J, K, F, L, M, M, N, P, Q, R, T, U, V, W, X,Y, Z, AB, AC, AD, AE, AE, AF, AG, and H;

1. A copy of the amount of entry into and exit from accounts;

1. Application of Acts and subordinate statutes to a copy of investigation report (a victim A's confirmation of deposit of the bank account in Korea);

1. Relevant Article 347 of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act, and the choice of fines for the crime;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.