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(영문) 서울남부지방법원 2018.05.28 2018고단1262

사기

Text

A defendant shall be punished by imprisonment with prison labor for four months.

The defendant will pay 90,00 won to the applicant through fraud.

Reasons

Punishment of the crime

On July 1, 2017, the Defendant, “2018 Highest 1262,” said, on the following grounds: (a) puts a letter on the sales of NAV Kafa, in the Republic of Korea; and (b) deposit to the victim D who agreed to report and purchase, will transfer the Montreal Capital if it is deposited to the victim D.

From the end, it received 684,00 won from the victim’s account (Account Number:E) to the company bank account in the name of the defendant, and received 1,357,100 won in total from that time through five times until July 28, 2017, as described in the attached list of crimes, from that time, from the victim.

On July 10, 2017, the Defendant published a false statement on the Internet’s website of Geumcheon-gu Seoul Metropolitan Government (Seoul), stating that “The above merp social point of 100,000 won is sold to 90,000 won discounted by 10%,” and reported the fact to the victim F who contacted, “I will first deposit the price and give the main points to the victim F.”

However, the defendant did not have any intention or ability to send points even if he has received money from the injured party.

The Defendant, as such, by deceiving the victim, received KRW 90,00 from the victim F on the same day.

On the same day, the Defendant posted a letter to the victim C and the victim G, which reported and contacted the above method by inserting “The price at which the Emon Capital is discounted,” and received KRW 90,000 from the victim C, and KRW 180,000 from the victim G, respectively.

Summary of Evidence

"2018 Highest 1262"

1. Statement by the defendant in court;

1. A petition filed by D, H, I, J, or K;

1. "Report on internal investigation (to be submitted by a victim) 2018 Highest 1551;

1. Statement by the defendant in court;

1. A written statement F, C, and G;

1. Application of Acts and subordinate statutes to a written confirmation on the use of services, each letter, transfer confirmation, and deposit statement;

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

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;