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(영문) 수원지방법원 안산지원 2017.02.15 2016고단4607

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 August 8, 2016, the Defendant posted a letter to sell “CJ-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

“A false statement” was made.

However, even if the defendant does not have a punch (CJ puncon) and receives money from the injured party, he did not have the intent or ability to deliver the punch (CJ puncon) to the injured party.

Around August 8, 2016, the Defendant: (a) by deceiving the victim; (b) received KRW 13,000 from the Korean bank account (Account Number D) with the name of the Defendant for the purchase of goods from the victim; and (c) received a total of KRW 4,547,00 from the victims in total 31 times from November 29, 2016, as described in the separate crime list, by the said method.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each petition, each written statement, each certificate of confirmation of transfer, each written statement, and each statement of transaction (E, C) applying the Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective 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. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommendation] : (a) the basic area (from June to one year and six months) (the person subject to special sentencing) ; (b) there is no person who has committed an Internet fraud committed against multiple victims as in the instant case ; (c) there is a need for strict punishment regardless of the amount of damage and the amount of damage.

In particular, it is more so, considering that the defendant has a number of criminal records of the same law.

However, the defendant has been detained in prison for not less than two months, and his mistake has been repented in depth.