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(영문) 수원지방법원 여주지원 2019.07.22 2019고단500

사기

Text

A defendant shall be punished by imprisonment for one year.

The defendant shall make the same list to each applicant for compensation indicated in the attached Table.

Reasons

Punishment of the crime

Around February 11, 2019, the Defendant posted a letter stating that he was unable to intend or have the intent to sell the Ampid at the Defendant’s residence located in No. B and C, and received KRW 430,000 from the victim F, who reported and contacted it, to the Defendant’s G account (H) in the name of the Defendant, and received KRW 27,280,000 from the victim from March 4, 2019, as shown in the attached list of crimes, from the victim’s KRW 45 until March 4, 2019.

Accordingly, the defendant was delivered property by deceiving the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Each written petition and each written statement;

1. Details of each account and receipts;

1. Contents of conversations for text messages;

1. Application of Acts and subordinate statutes on photographs, such as each website;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Grounds for sentencing under Article 25 (1) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings for Compensation Orders;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. Aggravation factors of less than KRW 100,00 [type 1] Aggravation factors of fraud according to the sentencing guidelines: Where a person commits repeatedly a crime against unspecified or many unspecified victims or over a considerable period of time (the area of recommendation and the scope of recommendation), the area of aggravation [the area of recommendation and the scope of recommendation], one year and six months by imprisonment.

3. Determination of sentence: Imprisonment with labor for one year, the Defendant, as if he were to sell goods through the used goods transaction site, acquired the sales proceeds by deception, and such a crime is shaking the foundation of the Internet transaction conducted on the basis of trust, and is not a significant damage to our society.

The Defendant, through the instant crime, acquired a total of KRW 27 million from 45 victims, and the victim was much, damaged, and has not yet recovered.