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(영문) 서울서부지방법원 2017.07.21 2017고단1527

사기

Text

A defendant shall be punished by imprisonment for six months.

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 December 3, 2016, the Defendant posted a false statement to the effect that: (a) the Defendant did not intend and have the intent and ability to sell Adddice C C 301, and that the Defendant would sell Adice C 301, and (b) on the Internet website bulletin board of the country’s website, “I would sell Adice C rack design racks.” (c) The Defendant made the false statement to the effect that the contact from the victim D would immediately dispatch the price to the Defendant’s door-to-door, “I would transfer the price.”

Defendant deceiving the victim as above and received 10,000,000 won in the KEB bank account (E) in the name of the Defendant from the victim, namely, from the victim, as the sale price of the goods. From around that time to January 23, 2017, the Defendant acquired the total amount of KRW 2,583,000 by the same method over 12 times, as shown in the attached crime list, from around that time to January 23, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Each petition and statement of D, F, G, H, I, J, K, L, and M;

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

1. Investigation report (verification of such crimes and telephone communications of additional victims);

1. Posting and Kakao Stockholm photographs, inquiries about the results of transfers, statement of gold account transactions, Kakao Stockholm photographs, one of the following: (a) details of transactions, transfer confirmations, receipt, inquiry of transaction details, verification of transfer results, verification of transfer results, and application of the laws and regulations governing the Kakao Stockholm.

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

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act / [the scope of recommendations] The sentence shall be imposed in consideration of the following factors: (a) the mitigation area (one month to one year) (a person with a special mitigation) the mitigation area (one month to one year); (b) the punishment is not imposed; or (c) the recovery of considerable damage was made; (d) the reflection of the sentence; (e) the recovery of considerable damage; and (e) the history of the crime.