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(영문) 수원지방법원 안양지원 2018.03.30 2018고단54

사기

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On October 17, 2017, the Defendant posted a letter on “D hotel” located in Masung City, stating that he/she would sell Aphone 7 mobile phone on the Internet “NAVV Ba Pat,” and said that he/she would immediately send the said mobile phone to E, who reported and contacted the victim E.

However, the defendant was planned to use money from the victim E for living expenses, entertainment expenses, etc., by receiving money from the victim E, and the victim E did not have an intention or ability to sell the above portable phone.

Nevertheless, the Defendant, as seen above, received KRW 400,000 from the victims through a total of 29 times from the victims by the same method, such as the list of crimes in attached Form 2, from December 20, 2017, by deceiving the victims E and receiving KRW 16,40,000 from a new bank account in the name of the Defendant from the victims E.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of F, G, E, H, I, K, K, L, M, M, N, P, Q, R, T, U, V,W, X, Y, Z, AB, AB, AC, and AE, AF, and each copy of the AG preparation;

1. Investigation reports (Attachment of additional data related to victim S), investigation reports (related to photographs of seized articles);

1. A protocol of seizure and a list of seizure;

1. Each transfer details, each page hosting, each letter on sales, each letter on transfers, each letter on transfers confirmation, each page North Korea dialogue, each Kaxbook, each transfer confirmation certificate, each of the financial transaction information reply, each transfer receipt, receipt, statement of dialogue, and transaction details, and the application of statutes governing seizure warrants reply;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be considered as favorable to the Supreme Court);

1. Article 62-2 of the Criminal Act on the observation of protection;

1. Sentencing under Article 48(1)1 of the Criminal Act: The period and frequency of the crime, the number of victims, the scale of damage, etc.