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(영문) 대구지방법원 서부지원 2018.05.29 2017고단740

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 24, 2016, the defendant sold PS4 PRO game machine to the victim C who became aware of through the NAV bulletin board around the world.

“False speech” was made.

However, the Defendant did not own the above goods and thus did not have any intention or ability to sell the goods even if the sales proceeds are remitted from the above damaged person.

The Defendant received KRW 550,00 from the above victim to one bank account (D) in the name of the Defendant on the same day. From around that time to February 14, 2017, the Defendant received the total sum of KRW 5,829,000 from the victims to the account in the name of the Defendant, as shown in the list of crimes in attached Form 55 times from around February 14, 2017.

Accordingly, the defendant was informed of the victims to receive property.

Summary of Evidence

1. Statement by the defendant in court;

1. The authentic statement and written statement (victim statement) of the E, F, H, H, I, K, K, K, M, M, P, Q, Q, R, T, U, V,W, X-Y, Z, AB, AC, C, AD, AE, AE, AF, AF, AH, AH, AI, AJ, AJ, AAL, Amm, AmM, AP, AP, QR, AS, ATS, and AU;

1. Written complaint;

1. Posting a civil petition of AV and AW, and reporting cyber crimes;

1. Account transfer details, such as account transfer details, account transfer details, account receipt, etc., account transfer details, account response details, financial transaction response details, account payment statement, account transaction statement by account, account transaction statement, receipt, reply details, account transaction statement, account transaction statement, account transfer details, account transfer details, account transfer results, account transaction information, account transfer details, account transfer details, account transfer records and dialogue statement, account transfer records, account transaction information, check-book, account transfer records, electronic financial transfer records, outputs of conversation, account transfer results confirmation statement, response statement (account statement of account opening, account transaction details), and deposit confirmation statement;

1. Application of Acts and subordinate statutes to internal investigation reports (as to separate cases), internal investigation reports (as a result of execution of a warrant of search and inspection of seizure), investigation reports (as to the statement, etc. of the victim of such crime), investigation reports (as to any further inquiry and attachment of the list of final crimes);

1. Article 347 (1) of the Criminal Act, the selection of punishment for a crime under the relevant provision of the Act, and the selection of imprisonment;

1. The former part of Article 37 of the Criminal Code, and Article 38.