beta
(영문) 수원지방법원 안산지원 2018.09.13 2018고단2228

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

"2018 Highest 2228"

1. On March 16, 2018, the Defendant posted a notice stating that “computer keyboards and monitors are sold” by accessing a “open site” website via the Internet at an irregular place.

However, there was no intention or ability to send the above goods even if the defendant receives the price for the goods from the injured party because he did not possess the above goods.

Nevertheless, the Defendant received a total of KRW 400,00 from 12 victims, including a transfer of KRW 400,00 from No. 330,000 from No. 4 to No. 5,000 in the name of the Defendant, from around May 7, 2018, the Defendant received a total of KRW 2,538,00 from 12 victims, as indicated in the first crime list from May 7, 2018.

"2018 Highest 2629"

2. On June 4, 2018, the Defendant purchased “YY View Viewet” posted by the Victim F on the said website by accessing a middle and foreign site at an insular site.

'I discover this writing, contact the victim to send the proceeds to the victim, and send Tweet.

Note 2

A false statement was made.

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

Nevertheless, the Defendant deceiving the victim as above and received KRW 52,600 from the victim to the Agricultural Cooperative (G) account under the name of the Defendant, and from that time, he acquired KRW 376,00 from three victims, such as the statement in the second crime list, from June 18, 2018.

Summary of Evidence

[2018 Highest 2228]

1. Statement of the defendant in the first trial record;

1. Statement made by the police with H;

1. A report on investigation (Attachment of CCTVs to withdraw damage);

1. Each written petition and written statement, and evidentiary materials to be submitted to each victim (2018 high group 2629);

1. Statement by the defendant in court;

1. Each written appeal and written statement;

1. Application of Acts and subordinate statutes to data to closure each victim;

1. Article 347(1) of the Criminal Act provides that the pertinent provision of the Criminal Act and the choice of punishment shall be applicable to the crime (the choice of imprisonment).