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(영문) 대전지방법원 천안지원 2017.01.24 2016고단751

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

Ⅰ. The Defendant, around February 1, 2016, at the Defendant’s home located in Asan-si Building S. 304 around February 1, 2016, connects the Internet site to the NAC 304, thereby sending cash to the victim D.

“The phrase “ was false.”

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

As above, the Defendant, including deceiving the victim and receiving 59,000 won from the victim’s bank account under the name of the Defendant, transferred from the victim to the National Bank account under the name of the Defendant, and the same year from time around that time as shown in the List of Crimes

3. By the same method until December 21, 200, a total of 8,434,100 won was remitted by the remittance.

Ⅱ On March 9, 2016, the Defendant published a letter to the effect that he/she finds a person to own the ID of the account that allows him/her to view “2017 Symnasium” in the Defendant’s residence, No. 304, Asan-si building 304, and published a false statement to the same effect for the same purpose on the victim E who reported and contacted this letter.

However, even if the defendant receives money, he did not have the intention or ability to share the above account.

As such, the Defendant, by deceiving the victim, received 180,000 won from the victim to the national bank account under the name of the Defendant for the purpose of sharing the ID from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. The authenticity and statement statement of the victims stated in the list of crimes in the attached Forms 1 through 44, and evidentiary materials;

1.1. The E Statements;

1. E’s written petition;

1. Application of the Acts and subordinate statutes governing Kakao Stockholm dialogue data;

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 Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Order of community service: Article 62-21 of the Criminal Act;