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(영문) 춘천지방법원 강릉지원 2014.04.09 2013고단598

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 2013, the Defendant: (a) had access to a P University’s 2nd floor office in Gangnam-siO and Q apartment apartment 501 dong 502 from his smartphones and the Internet website “R” and “S” by inserting the phrase “I sell the main product right,” and the Defendant’s phone number, etc. to the victims who reported the transfer of the price to the victims who contacted, the Defendant attempted to provide “the main product right,” thereby having received money from the victims.

On June 30, 2013, the Defendant sent text messages to the victim H that he would sell because he owns about 40 SK's gift certificates.

However, in fact, the defendant did not have the right to be provided to the victims from the beginning, and there was no funds to purchase the above amount of the gift certificates which he promised to provide to the victims, and even if he received the money from the victims, there was no intention or ability to provide the quantity of the gift certificates as promised.

The Defendant received KRW 1,720,00 from the victim H to the Defendant’s agricultural bank account around July 1, 2013.

In addition, from March 18, 2013 to July 31, 2013, the Defendant received a total of 64,660,000 won from the victims in total under the name of the price for the gift certificates in the attached Form 18 times, as shown in the list of crimes in the same manner.

Accordingly, the Defendant was informed of the victims by deceiving them.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Application of the Statement of Transactions in Agricultural Cooperatives (A) and each statute;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

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

1. Article 62 (1) of the Criminal Act;

1. Dismissal of an application for compensation order - N. the applicant for compensation.