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(영문) 춘천지방법원 2016.04.08 2016고단181

사기

Text

A defendant shall be punished by imprisonment for one year.

The defendant pays 70,000 won to the applicant by fraud.

Reasons

Punishment of the crime

On December 24, 2014, the Defendant was sentenced to one year of imprisonment for fraud at the Chuncheon District Court, and completed the execution of the sentence on June 10, 2015.

On July 30, 2015, the Defendant posted a false statement to “to send things upon deposit of the price” to the victim E using a mobile phone from the Defendant’s residence located in Chuncheon-si D and 2nd floor to sell a computer camera by accessing the Internet and trading website.

However, in fact, the defendant did not own a domain and did not have the intention or ability to sell it to the victim.

The Defendant was transferred KRW 31,00 to the Agricultural Cooperative Account under the name of the Defendant from the damaged person as the price for the goods.

In addition, the Defendant received a total of 691,000 won from the victims over 11 times as shown in the list of crimes in attached Form from the same method until October 20, 2015 as the price for goods.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. The authenticity and statements of H, E, I, J, K, L, M, N, and C;

1. A report on internal investigation (the details of transactions with accounts submitted by victims and accompanying photographs);

1. The card of this, the specifications of transactions, each statement of financial transactions, each statement of transfer immediately after sponsoring, identification of transaction details, identification of each transaction details, identification of transaction details, photographs of himself/herself, details of his/her financial transactions, photographs of transaction details, receipts, immediate transfer management results, and remittance receipts;

1. Application of the statutes governing text messages, a list of characters, a photograph to be taken by each accused, a photograph posted by each accused, and a text message sent and received with each accused;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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. Orders for compensation and orders for compensation;