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(영문) 인천지방법원 부천지원 2017.02.03 2016고단1936

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On February 11, 2015, the Defendant was sentenced to six months of imprisonment with prison labor for an indecent act by force at the Incheon District Court and completed the execution of the sentence on May 26, 2015.

On February 15, 2016, the Defendant: (a) connected NAV and a foreign car page at a gallon site; (b) posted a false statement stating that “if the Defendant deposited KRW 300,000,00 to the Nong Agricultural Cooperative Account (D) in the name of the Defendant, he/she would deliver S6 mobile phones when deposit KRW 300,00 to the gallon account.”

However, even if the defendant receives the payment, he did not have the intention or ability to deliver the mobile phone to the victim.

The Defendant received KRW 300,00 from the said No. 30,000 from the victim’s account on the same day and received KRW 1,273,00 from the victims by the same method as shown in the list of crimes in the attached Table from around that time to July 7, 2016.

Accordingly, the defendant was informed of the victims to receive property.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. C, F, G, H, I, J, K, L, M, M, N, P, Q, R, T, U, V, W, and X respective statements;

1. A statement of each transaction, each details of transfer, each transaction, each receipt, each statement of deposit, each statement of confirmation of transfer, each statement of transaction, each statement of transaction, official receipt, each statement of transaction, each statement of payment verification, public receipt, check of payment confirmation, transfer confirmation, inquiry of transaction details, transaction specifications, transfer statement, account transfer statement, account transaction details, and each statement;

1. Details of each conversation to be cut and the contents of each conversation;

1. Application of an inquiry letter, such as criminal history, and a report on investigation (verification of the same kind of power, etc.);

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

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes [the scope of recommendations] [the grounds for sentencing under Article 38(1)2, and Article 50 of the same Act [the scope of recommendations] have no basic area (six months to one year and six months] (the person who is subject to special sentencing] [the defendant] (the decision of sentencing];