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(영문) 부산지방법원 2017.11.15 2017고단3792

사기

Text

A defendant shall be punished by a fine of 10 million won.

Where the defendant fails to pay the above fine, 70,000 won shall be one day.

Reasons

Punishment of the crime

On April 28, 2017, the Defendant purchased Lone Starbbucks bucker, which was posted by the victim E in the “D” room located in Songpa-gu Seoul 2nd floor, Songpa-gu Seoul.

“To report this writing to the victim and contact him to deposit money in advance and send a face-to-face tamper.

“..........”

However, at the time, the Defendant did not possess the above tampler, and even if receiving money from the injured party, the Defendant did not have the intent or ability to send the tamper to the injured party.

As above, the Defendant deceiving the victim and received KRW 54,00 from the new bank account (Account Number:F) in the name of the Defendant on the same day from the victim, and deceiving the victims at least eight times from around that time to May 26, 2017, as shown in the separate crime list, and then transferred KRW 694,000 in total from the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Each written complaint or statement of E, H, I, J, K, L and M;

1. Details of transfer of money from each damage;

1. Application of Acts and subordinate statutes to a new statement of bank account transactions in the name of the person under consideration;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The crime of this case for the reason of sentencing of Article 334(1) of the Criminal Procedure Act is not punishable by the crime of this case, even though the defendant had been committed for the same kind of repeated crime as well as several times, by inserting an article on selling false goods, etc. on the Internet as above, by deceiving the total of 694,000 won from eight victims.

However, it is against the fact that the defendant is detained for more than four months, compensation for damage, the amount of damage is relatively small, and the defendant's age, sex, environment, family relationship, and motive and motive of the crime.