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(영문) 서울남부지방법원 2018.04.11 2018고단102

사기

Text

A defendant shall be punished by imprisonment for six 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

On November 8, 2017, the Defendant made a false statement to the effect that the Defendant purchased the friendly acid posted by the Victim G on the website of the Republic of Korea, while sending the price to the victim by contact with the victim.

However, the defendant did not have the intention or ability to send a mountain, even if he did not receive the price from the injured party, such as not having any mountain that the injured party intended to purchase.

The defendant deceivings the victim as above and was transferred KRW 19,00 to the KB bank account (H) in the name of the defendant under the name of the defendant for the following pro rata.

As a result, the Defendant, by deceiving the victim and acquiring pecuniary benefits equivalent to KRW 19,00,00, obtained pecuniary benefits, from October 17, 2017 to December 28, 2017, by deceiving the 15 victims under the above method, as shown in the list of crimes in attached Form 17 to December 28, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement in G, I, J, and K Preparation;

1. A copy of each statement of L, M, C, N, D,O, P, Q, F, R, and S;

1. Each Party’s financial transaction, each Kakao Stockholm message, each Kakao Stockholm message, the details of hosting transactions, each text message, each receipt, copies of transfers, inquiries about the results of transfers, details of transfers, inquiries about tax issues, account transfers, and the application of account transaction-related laws and regulations;

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

1. The community service order under Article 62-2 of the Criminal Act;

1. Article 25 (1) 1, Article 31 (1) and (2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Compensation Orders;

1. Article 31 (3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings with Sentence of Provisional Execution;

1. The grounds for sentencing under Article 32(1)2 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss the Application for Compensation (the application of the applicant E shall not be deemed damage to each crime as indicated in its judgment).