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(영문) 서울남부지방법원 2018.10.30 2018고단3835

사기

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

On February 2, 2018, the Defendant posted a notice on “sale of computer body, etc.” on the Internet CKapet bulletin board at the Defendant’s residence located in Guro-gu Seoul Metropolitan Government.

However, in fact, even if the Defendant received the price from the main body of a computer, he thought to use it as a bit-Co-investment, and actually, there were only one main body of a computer, etc., so even if he received money from the buyer, he did not have the intent or ability to sell the main body of a computer.

Nevertheless, the defendant shall deliver the main body of the computer to the victim D who reported and contacted the above notice to the victim D. "If the payment of the main body of the computer is paid in advance, the defendant will deliver the main body of the computer.

“Along on February 9, 2018, the victim was transferred KRW 1,450,00 from the victim to the bank account (F) in the name of the Defendant E bank account in the name of the victim, and from that time until February 14, 2018, the victim was transferred KRW 13,860,000 in total from the victim as described in the list of crimes in the attached Form by the aforesaid method.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

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

1. Making inquiries about the details of the results of the immediately transfer process by user, the details of conversation, the principal's financial transaction, the confirmation of remittance, the verification of transfer records, letters, the details of transaction by the receipt period, the details of transfer transfer, and the identity's financial transaction;

1. A report on investigation (a warrant of search and inspection of search and reply to data), a written application for transaction and a detailed statement of transaction;

1. Application of Acts and subordinate statutes to photograph the investigation report (the response to the result of the execution of an account warrant), details of transactions, etc. 1. Investigation report (the review of the details of transactions related to additional crimes and the submission of suspect data), details of transactions, Nfaf

1. The relevant Article of the Criminal Act and Article 347 (1) of the Criminal Act and the reasons for sentencing of choice of imprisonment with prison labor for the crime;

1. The sentencing guidelines [the scope of the recommended punishment] General Frauds Type 1 (less than KRW 100 million) in the basic area (from June to one year and six months) [the person who has been specially mitigated] in penalty, or damage corresponding to a considerable portion has been recovered.