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(영문) 서울북부지방법원 2017.08.09 2017고단1820

사기

Text

A defendant shall be punished by imprisonment for one year.

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 September 28, 2016, the Defendant: (a) connected the Internet Internet NAVV “S” camera, and (b) told the victim to purchase 2 Twitet 30,000 won; and (c) made a false statement that “The Defendant would sell 2 Twitet 2 in KRW 130,000.”

However, as the defendant did not possess the above diskettes, the defendant did not have any intention or ability to sell even if the victim sent money.

Therefore, the Defendant received a total of KRW 19.10,00 from 13 victims, such as the statement in the list of crimes in the attached Form, in the same way as the Defendant received the immediate remittance from the victim to the national bank account (F) in the name of the Defendant for the tamping cost from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D, G, H, I, J, K, C, L, M,O, P, and Q;

1. Evidence to be submitted to the victim G (a photograph after the course of a conversation) , evidence to be submitted to the victim I (a photograph after the course of a conversation) , evidence to be submitted to the victim K , evidence to be submitted to the victim C (a photograph after the course of a conversation) , evidence to be submitted to the victim C (a photograph after the course of a conversation) , evidence to be submitted to the victim , evidence to be submitted to the victim Ma (a photograph of the contents of a conversation) , evidence to be submitted to the victim N (a photograph after the course of a conversation) , evidence to be submitted to the victim EX , evidence to be submitted to the victim Q Q (a photograph after the course of a conversation Kao Stockholm

1. Application of Acts and subordinate statutes to the details of replys to the execution of a warrant of seizure (the details of transactions in deposits and withdrawal), data on replys to the execution of a warrant of seizure (information on the details of transactions), investigation reports (the details of transactions in the bank account of a suspect who committed a crime) and the details of

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, 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. Protective observation and community service order;