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(영문) 광주지방법원 2014.01.28 2013고단5571

사기

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The Defendant, in collusion with Y, attempted to obtain money by means of receiving money from the persons belonging thereto by means of money transfer, on the Internet, after inserting a writing as if the Defendant sold valuable goods on the Internet.

On January 6, 2013, the Defendant: (a) connected the Internet “www.ckirea.com”; and (b) made a false statement to the victim CM, on the bulletin board of the said website, stating that “the transfer of KRW 170,000,000,000,000 from the Internet will lead to the call.”

However, even if the defendant has received money from the victim, he did not have the intention or ability to send goods.

Accordingly, the Defendant, in collusion with Y on January 7, 2013, received 170,000 won from the said victim to the Gwangju Bank account (AC) in the name of Y-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol against A and Y;

1. Application of the police statement law to CM

1. The punishment shall be determined as ordered in consideration of the criminal records of the defendant, the degree of damage to the crime of this case, the current appellate court of Gwangju District Court (No. 2013No2683), and the fact that the trial on the defendant's fraud, etc. is pending in the relevant Article of the relevant criminal facts and Articles 347(1) and 30 of the Criminal Act of the choice of punishment.