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(영문) 제주지방법원 2018.09.07 2018고단1750

사기

Text

A defendant shall be punished by imprisonment for a maximum term of one year and six months, and a short term of one year.

Reasons

Punishment of the crime

On March 2, 2018, the Defendant connected D using a mobile phone at his/her own residence located in building B C at Jeju-si, and sold a opphone 7 mobile phone on the bulletin board of the place.

A notice to the effect that “I will send 7 mobile phones when I send money” to the victim E who reported and contacted.

“A false representation was made.”

However, the Defendant did not have 7 mobile phones at the time and did not have any intent or ability to deliver 7 mobile phones to the victim even if the Defendant received the payment of 7 mobile phones from the injured party because he did not have 7 mobile phones.

Nevertheless, the Defendant received 386,500 won from the injured party under the name of the G bank account in F on the same day as the G bank account in F on the same day.

In addition, the Defendant, from that time until July 1, 2018, by deceiving the victims, such as the statement in the list of crimes in attached Form 15 times in total, and received a total of KRW 5,871,700 from the victims.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of H with respect to the police;

1. Each police statement made to I, J, F, K, L, M, N, andO;

1. Each written statement of P, E, Q, R, S, T, U, V, X, Y, Z, AA, AB, and AC;

1. Details of deposit transactions, a detailed statement of transaction of automated devices, a written confirmation of details of use of each service, a written confirmation of transfer results, a written confirmation of each transfer, a detailed statement of cash transfer, a document of electronic financial transfer, a written confirmation of transaction results of electronic financial transfer, a photographic output of the mobile transfer details, and a certificate of remittance confirmation;

1. Application of Acts and subordinate statutes on internal investigation reports (AE telephone survey, which is the opening of the G account), and on internal investigation reports to the account holder;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Sentencing Articles 2 and 60, Paragraph 1, of the Irregular Juvenile Act.