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(영문) 의정부지방법원 2013.05.14 2013고단281

사기등

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On September 27, 2011, the Defendant was sentenced to imprisonment with prison labor for four months and a fine of one million won at the District Court for fraud, etc. on September 27, 201, and completed the execution of the above imprisonment on January 25, 2012;

1. On September 18, 2012, the Government of the Republic of Korea on September 18, 2012, by joining the Internet club 5678 (W.C.5678.com) with D’s resident numbers (E) in the Defendant’s house located in C1st, thereby illegally using another person’s resident registration number;

2. On September 30, 2012, with respect to the victim G, a phone call was made to the victim G at an irregular place on the victim G around September 30, 2012. The fact did not have been holding a KRW 200,000,00 at the time, and even if money was borrowed from the victim due to the lack of oil, even though the victim did not have any intent and ability to complete payment, it is false to the effect that “I would make a full payment if I would have borrowed money of KRW 20,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00

3. On November 16, 2012, at around 16:30, 2012, a fraud against the victim I against the victim I was made to the victim I at the mutually unclaimed restaurant in front of Seongbuk-gu Seoul Seongbuk-gu Seoul, and the fact was not operated by the precious metal store, and even upon receiving the gold Ban, it was thought that it would be used in the cost of living, and thus there was no intention or ability to return it, but it was false to the effect that “I are operating a precious metal store in paper. I would like to include the flus in the metal store. I would like to put the flus into the flus, and then receive from the victim one half of the gold bar amounting to one million won at the market price.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. A written complaint of G;

1. Requests for provision of communications data and details of transactions;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes concerning criminal records and investigation reports (68 pages of investigation records);

1. The point of fraud under Article 347(1) of the Criminal Act, which is applicable to the relevant criminal facts and the choice of punishment;