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(영문) 부산지방법원 2017.04.14 2017고단674

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 25, 2016, the Defendant posted a notice on the “Internet NAV” on the “Internet NAV” page in the BPC room in the name of Busan Jin-gu, Busan, and reported this to the victim D who visited the Defendant.

“Along with the fact that the Defendant sent the message via Kakakao Stockholm, the Defendant sent the message (as stated in the facts charged, the Defendant did not have any intent or ability to give a computer kid on the part of the victim, according to the statement (Evidence Nos. 7, 39) written by the victim (Evidence No. 7, 39). It can be recognized that “the message” is not “the message,” but “Kakao Stockholm message,” and such factual recognition does not affect the Defendant’s exercise of the Defendant’s right of defense. Therefore, even if the Defendant received the said money, the Defendant did not

The Defendant, by deceiving the victim and deceiving the victim, received 100,000 won from the victim to the Busan Bank Account (E) in the name of the Defendant.

In addition, the Defendant received the remittance of KRW 4,353,50 from 25 victims as stated in the crime sight table from October 19, 2016 to December 25, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to F;

1. Each statement in writing G, D, H, I, K, K, L, M, N, C, P, Q, R, S, T, V, V, X, Z, AA, and AB;

1. Each petition, each photograph/cinematographic output, each transfer statement, each transfer receipt, each statement of transfer, each transaction statement, each account transaction record, inquiry into the details of each transaction, service use record confirmation, response to a request for the provision of telecommunications data, response to the request for the provision of telecommunications information, response to the request for the provision of CCTV data, and the application of the Acts

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of a penalty;

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 suspended execution;

1. Protective observation and community service order under the Criminal Act;