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(영문) 서울중앙지방법원 2018.07.27 2018고단3615

사기

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant, around February 19, 2018, posted a trade name near Mapo-gu Seoul Mapo-ro 94 Hong-ro 14 Hong-ro on the Internet Twitter using a mobile phone, sells the cop cop cop straw, etc. which the Defendant posted on the Internet Twitter.

“” means a victim C (n, 20 years of age) who reported the advertisement to the Defendant and contacted with the Defendant using mobile phone Kakao Stockholm, and “in the Republic of Korea,” living in Korea.

In Korea, a text message was sent to the effect that the pop-up shop's purchase of cop-up boxes, etc. will be sent to the Thailand by international mail, and the purchase price will be transferred to the account.

However, even if the Defendant received money from the injured party due to the excess of the debt at the time, he did not have the intent or ability to send money to the injured party by purchasing pop-up sets' clives, etc.

Defendant 1 received money of approximately KRW 20,400 SCB bank account (Account Number: D) in the name of the Defendant from the injured party on the same day from the victim, with the name of the purchase price for the op-up scam for containers, etc. on the same day, and received approximately KRW 750,000 in Thailand from the injured party until May 6, 2018 in the above manner, as described in the attached list of crimes, from the injured party, a total of KRW 329,358 U. Thailand currency ( approximately KRW 11,00,000) over 26 times in total.

Accordingly, the defendant, by deceiving the victim, acquired the property of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Details of account transfer transactions, etc.;

1. Application of Acts and subordinate statutes to a report on investigation (the confirmation of the twitter advertised by the person under investigation);

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 62(1) of the Criminal Act of the suspended execution (the fact that all criminal facts are recognized and led to confession, the fact that there is no other criminal records, and both the defendant and the victim are the victims of the victim as the solar police officer.