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(영문) 수원지방법원 안산지원 2019.01.23 2018고단3750

사기

Text

A defendant shall be punished by imprisonment for four months.

The defendant 450,000 won to B who applied for compensation, and 450.

Reasons

Punishment of the crime

피고인은 2018. 8. 1.경 인터넷 G 카페 ‘H카페 수다방’ 게시판에 “햅쌀을 판매합니다”라는 판매글을 게시하여 이를 보고 연락한 피해자 I에게 “쌀값을 먼저 보내주면 직접 배송해 주겠다”라고 거짓말하였다.

However, the defendant did not have any intention or ability to sell goods.

As above, the Defendant, by deceiving the victim as above, received 3,388,000 won under the name of rice value from the victim to the J account under the name of the Defendant (K) around August 14, 2018, and 120,000 won around August 27, 2018, and 30,000 won around September 6, 2018, from around October 8, 2018, and received 3,388,000 won in total as the price for goods from the victim 5 as shown in the list of crimes in the attached Table, from around October 8, 2018.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. Each written statement of A, E, B, or D;

1. Details of account transfer, deliberation on the details of withdrawal, account transfer, a statement of account transfer, a financial transaction, a certificate of transfer, a certificate of account transfer, the details of entry and departure transactions, and the inspection

1. Application of the statutes to the details of the Defendant’s Kakakao dialogue, closure of the Defendant’s and Kakakakakao dialogue, Defendant’s sales language and text messages, and text messages

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

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

1. Articles 25 (1), 31 (1) and (2) of the Act on Special Cases concerning Expedition, etc. of Lawsuit for Compensation Orders;

1. Article 31 (3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings with Declaration of Provisional Execution;

1. Reasons for sentencing under Article 32(1)1 of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation (A, an applicant for compensation, has not affixed seals or signatures on the application for the compensation order, and not the victim of this case, and F, an applicant for compensation, is not the victim of this case, and each of the above applications

1. Application of the sentencing criteria;