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(영문) 수원지방법원 안양지원 2017.11.29 2017고단1709

사기

Text

A defendant shall be punished by imprisonment for not less than two months.

Reasons

Punishment of the crime

[Criminal record] On June 2, 2016, the Defendant was sentenced to imprisonment with prison labor for fraud at the Suwon Giwon, and completed the execution of the sentence on May 24, 2017.

[Criminal facts]

1. The Defendant, around June 17, 2017, posted a false statement on the victim AS who visited the Internet site and sold an infant’s book by accessing the Internet site to a foreign country, and reported it to the victim AS who visited the victim.

However, even if the defendant receives money from the injured party, he did not have the intention or ability to deliver the book.

The Defendant, as such, by deceiving the victim, received 45,000 won from the victim’s new bank account in the name of AM on the same day.

Accordingly, the defendant was given property from the victim by deceiving the victim.

2. The Defendant, around June 18, 201, by deceiving the victim AT in the same manner as described in the foregoing paragraph (1) and was transferred KRW 80,000 to a new bank account in the name of the said AM for the sale of books by young children.

Accordingly, the defendant was given property from the victim by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to AT;

1. AS petition;

1. A certificate of transfer confirmation, details of transfer, and each letter;

1. Previous convictions in judgment: Application of a reply to inquiry, report on investigation (Attachment to the judgment of repeated crime, 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 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 - Reasons for the Sentencing - Unfavorable circumstances: The high-class online trading website has the record of repeatedly punishing victims as committing a crime of fraud, which was icely committed against the sale of goods, and as a crime of the same several methods, the same crime is repeated during the period of repeated crimes.