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(영문) 의정부지방법원 고양지원 2018.05.31 2017고단3322

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. “The Defendant, on June 29, 2017, the 2017 Highest 3322,” purchased E gift certificates on the Northern-gu B building and the Internet car page in the 2017 Seoan-gu, Seoan-gu, Seoan-si, the 2017 Highest 3322

“The” refers to the victim’s posting of the victim F, and contact the victim’s cell phone, and then selling E gift certificates to the victim.

“The term “ makes a false representation.”

However, even if the defendant received money from the injured party, he did not have the intention or ability to deliver E gift certificates.

As such, the Defendant, by deceiving the victim, received KRW 280,00 from the victim’s G bank account (Account Number: H) in the name of the Defendant, and took property benefits of KRW 2,136,300, in total, from around that time to September 4, 2017, including the transfer of KRW 2,136,30,00 from the victim’s G bank account.

2. On September 16, 2017, the Defendant: (a) purchased J postage stamps posted by the Victim I while searching D carpets using the Defendant’s mobile phone in the Northern-gu B building in Yancheon-gu and the Defendant’s mobile phone in Yananan-si, Yan-si; (b) around September 16, 2017.

The term "" reported posts and made a false statement that the victim communicates with the victim to sell postage stamps.

However, even if the defendant receives the price for the goods from the injured party, he did not have the intention or ability to sell the goods.

The Defendant, by deceiving the victim, received 505,000 won from the victim’s G bank account (Account Number: H) in the name of the Defendant, and acquired it by fraud.

Summary of Evidence

"2017 Highest 3322"

1. Statement by the defendant in court;

1. Each statement of K, L, F, and M;

1. N’s petition;

1. Authenticitys and written statements of theO;

1. A copy of each statement of P, Q and R;

1. All documents of the S’s petition and the case;

1. The detailed statement of transfer transactions, the detailed statement of transfer, and the detailed statement of financial transactions "2018 order 834";

1. Statement by the defendant in court;

1. A written statement of I;

1. Application of Acts and subordinate statutes on transfer transactions;

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

1. The reasons for sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes.