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(영문) 서울서부지방법원 2015.12.11 2015고단2683

사기

Text

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

All applications filed by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

[2015 Highest 2683] On June 18, 2015, the Defendant made a false statement to the effect that the Defendant’s house located in the Defendant’s 1st floor in Eunpyeong-gu Seoul, Eunpyeong-gu, Seoul, would be able to sell contact pockets, and the fact that the Defendant, despite having no intention or ability to sell contact pockets, would use smartphone-type Kakaooxs in the Defendant M.

As such, the Defendant, by deceiving the victim, received KRW 70,000 from the victim to the new bank account (P) in the name of the Defendant, and received the total sum of KRW 1,337,000 on eight occasions, as shown in the attached Table of Crimes List (1).

[2015 Highest 277] The Defendant, around May 27, 2015, posted a false statement on the Defendant’s house located in Q102 in Seodaemun-gu Seoul, Seoul, the fact that the Defendant did not have any intent or ability to sell the contact pockets, she would deliver the contact pockets if the Defendant deposits KRW 110,00 to the Defendant, who reported the false statement on the Internet NAV’s “Sales of the contact pockets” in the Internet NAV, and deliver the contact pockets if the Defendant deposits KRW 110,000 to the Defendant.

‘Falsely speaking, it acquired KRW 110,000 won from the above victim to the new bank account in the name of the defendant, and acquired it through fraud from June 6, 2015 through six times in total, such as the list of crimes in the attached Form (2) from June 6, 2015.

Summary of Evidence

[2015 Highest 2683]

1. Defendant's legal statement;

1. Each statement of L, M and N;

1. Details of withdrawal accounts and transactions, and details of deposits and transactions;

1. A criminal investigation report (Submission of transaction details of bankbooks for suspects);

1. Defendant's legal statement;

1. The S Statement;

1. Application of Acts and subordinate statutes on the screen screen by a certificate of transfer transactions and a certificate of conversation;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the crime (Fraud and choice of imprisonment);

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.