(영문) 의정부지방법원 2019.02.13 2019고단65



A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.


Punishment of the crime

On June 26, 2017, the Defendant: (a) connected D’s Internet car page using his own smartphone to “D”; (b) falsely posted a false letter stating that “D will sell galglus S8flus,” and (c) made a false statement to the victim E who reported and contacted the above writing to deposit the price into the victim E, the Defendant sent the galglus smartphone to galglus, if he deposits the price to the victim E.

However, the defendant had no intention or ability to sell smartphone from the beginning.

Ultimately, the Defendant, as above, deceiving the victim E and receives 560,000 won from the victim E to the F account under one’s own name on the same day, etc. for the same year.

7. Until December 26, 200, 4,135,000 won was acquired by deceiving 8 victims, such as the entries in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each statement of G, E, H, I, J, K, L, and M;

1. Application of Acts and subordinate statutes, such as each authentic document, a detailed statement of transactions, each sign language to be closed, each detailed statement of transactions, a golf course to be cut, a sign-up and a conversation, a cybercrime report, a signboard to be cut, and a detailed statement of transactions;

1. Relevant Articles of the Criminal Act and Article 347 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Article 62 (1) of the Criminal Act (Special Considerations in favor of the accused among the reasons for sentencing following the suspended sentence);

1. The reason for sentencing under Article 62-2 of the Criminal Act on Probation and Social Service Order [Scope of Recommendation] General Fraud (less than KRW 100 million) is a basic area (under six to one year and six months), a penal penalty is not imposed, or a considerable part of damage is recovered, / Where the Defendant committed the instant crime against an unspecified or unspecified number of victims, or repeatedly for a considerable period of time (decision of sentence] The Defendant’s crime of this case is likely to disrupt the order of electronic commerce and thereby, are likely to cause damage to a good trading partner.