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(영문) 울산지방법원 2017.12.21 2017고단4013

사기

Text

A defendant shall be punished by imprisonment for six months.

The request of applicants for compensation shall be dismissed.

Reasons

Punishment of the crime

On August 10, 2017, the Defendant had access to the Internet NAV and the national website using smartphones at Moelel where it is difficult to know the detailed address below the Dong-dong, Incheon Metropolitan City around August 10, 201, and then sold PS4 game machine on the above website.

After posting the phrase “assigning to sell a game machine” to the victim F who reported and contacted the above language, the victim F.

However, the defendant did not have the above game machine and did not have the intention or ability to sell it from the beginning.

Nevertheless, the Defendant: (a) by deceiving the victim as above; and (b) around 17:48 of the same day, delivered KRW 170,000 to the company bank account (G) in the name of the Defendant; and (c) around 17:48 of the same day.

From September 15, 2017, the Defendant received a total of KRW 5,100,000 from the victims by the same method 19 times in the same manner as the written list of crimes, from September 15, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement and each copy;

1. A statement of remittance, inquiry into the results of transfer, and statement of deposit transactions;

1. Application of Acts and subordinate statutes on the mobile phone screen pictures;

1. Article 347 (1) of the Criminal Act, and the choice of punishment for the crime;

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. Reasons for sentencing of Article 32(1) and Article 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Dismissal of Application for Compensation (the scope and amount of the defendant's liability in the records are not clear) / [the scope of the recommended punishment] under the basic area (six months to one year and six months), [special mitigation (special mitigation)] under Article 32(1) and Article 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Dismissal of Application for Compensation / Where the defendant commits a crime against many, unspecified, or multiple victims or repeatedly commits a crime for a considerable period of time (determination of sentence]. The fact that the victim recovered from the victims before the pronouncement of the instant case is favorable.

However, there are many and unspecified defendants.