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(영문) 광주지방법원 2016.12.09 2016고단4483

사기

Text

A defendant shall be punished by imprisonment for a period of five months.

Reasons

Punishment of the crime

On July 14, 2016, the Defendant made a false statement to the victim C to sell the hand-on hand to the victim, on the Internet NAVV, which was written by the victim C to "I purchase the Doccobbbs social Hands of fishing goods" at the Internet NAV in Seo-gu, Seo-gu, Gwangju.

However, as the Defendant did not have fishing goods, the Defendant did not have the intention or ability to send fishing goods even if he received the sales proceeds from the victim.

Nevertheless, the Defendant, by deceiving the victim as above, received 280,000 won under the name of sales proceeds of fishing goods from the account in the name of the Defendant on the same day.

In addition, the Defendant, from July 7, 2016 to August 20, 2016, deceiving victims over a total of 15 times, as shown in the annexed crime list, and received a total of KRW 2,977,000 from victims.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of the police suspect interrogation protocol against the accused;

1. Each statement of the victims;

1. Application of the respective Acts and subordinate statutes to each of the following items: A detailed statement, remittance receipt, each transfer confirmation, each transfer result statement, each transfer confirmation, each statement of transfer results, each statement of transfer results, each statement of transfer results, each statement of transaction results, each account, statement of transfer confirmation, each statement of transfer confirmation, each statement of transaction details, each statement of transaction details, each statement of account transactions, each copy of each text message, each copy of the text message, a copy of the message and the message, the statement of entry into and departure from the Defendant’s account

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

1. The reason for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Code that aggravated concurrent crimes lies in a total of 4 criminal records, including two criminal records of the same kind (one actual type).

There was no recovery of damage.

The age, occupation, and occupation of the accused.