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(영문) 서울남부지방법원 2017.10.17 2017고단4014

사기

Text

1. The defendant shall be punished by imprisonment with prison labor for six months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant 4014, on May 21, 2017, 2017, Defendant C, on a non-place in Seoul (hereinafter referred to as Seoul) around May 21, 2017, reported comments posted on the victim C’s website and contacted the victim, and sold D private Alba when paying the price.

A false statement was made.

However, in fact, the defendant did not have intention or ability to send the goods promised even if he receives the price from the injured party, such as not having a crime.

As above, the Defendant: (a) by deceiving the victim; (b) received 58,000 won from the victim to the bank account in the name of the Defendant on the same day from the victim; and (c) thereafter received delivery of KRW 1,025,000 in total on 16 occasions from August 7, 2017, such as the statement in the list of crimes in the attached Table.

around August 1, 2017, Defendant 2017, at the Defendant’s residence located in Gangseo-gu Seoul Metropolitan Government, reported comments posted on the Defendant’s website and contacted the Defendant, and then, if sending the price, the Defendant would sell movable property diskettes.

A false statement was made.

However, in fact, the defendant did not have an intention or ability to send a ticket that he promised to send even if he receives the price from the injured party, such as not having a movable property pocket.

Defendant 2: (a) deceiving the victim as above and deceiving the victim; and (b) on the 2th day of the same month from the victim.

3. The Defendant was issued KRW 80,000 to the bank account in the name of the Defendant.

Summary of Evidence

2017 Highest 4014

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. The authenticity and statements of H, C, I, J, K, L, M, N, P, Q, R, T, T, and U;

1. A complaint filed by G;

1. Details, bulletin board, details of bulletin board, and page;

1. A certificate of confirmation of transfer, details of account transfer, inquiry of the results of transfer, details of transfer, statement of details of transfer, statement of transaction, details of passbook transaction, details of service use, and written confirmation of service use;

1. Statement by the defendant in court;

1. The authenticity and statement of the F;

1. Inquiries into details of transactions and application of the statutes on text records;

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime, respectively;

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