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(영문) 청주지방법원 충주지원 2019.05.22 2018고단179

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

On September 24, 2017, the Defendant posted a statement on the fact that the Defendant was in an unsound place in Gwanak-gu, Seoul Special Metropolitan City (hereinafter referred to as “Seoul Special Metropolitan City”) by accessing the website of “B” and selling visuals after having access to the website of “B” and received KRW 5,000 from the victim C (E) who visited the Defendant.

In addition, the defendant stated that the indictment totaling KRW 1,576,400 from 14 victims is '1,126,400 won' as stated in the attached list of crimes, such as this, but in light of the evidence, it seems that it is a simple clerical error.

Even if the indictment is corrected without the amendment procedure, it cannot be seen that there is a substantial disadvantage in the exercise of the defendant's right to defense, it shall be corrected ex officio.

shall be acquired by deception.

Summary of Evidence

1. Each police interrogation protocol against the accused;

1. The statement of each police officer made to F and G;

1. Each statement of H, I, J, K, L, M, C,O, P, Q, R, and G;

1. The closure photographs of the contents of each conversation, the closure photographs of the contents of the conversation, the closure screen of the contents of each conversation, the details of S dialogue, the details of S dialogue, and the closure screen;

1. Details of deposit transactions, certificate of confirmation, statement of withdrawal transactions, principal's financial transactions, certificate of remittance, statement of withdrawal transactions, statement of service use, main financial transactions, statement of transaction details, statement of transaction details, principal's financial transactions, statement of transaction details, deposit-free media, detailed statement of transactions in financial joint networks, and application of Acts and subordinate statutes on deposits without passbook;

1. Article 347 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime;

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. Scope of punishment by law: Imprisonment with prison labor for one month to fifteen years;

2. The scope of recommendation [decision of types] according to the sentencing guidelines and there is no person who is less than KRW 100 million [the category 1] (the scope of recommendation field and recommendation range] and the basic area of recommendation [the scope of recommendation field and recommendation range], six months to one year and six months.

3. Determination of sentence: Six months of imprisonment; and