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(영문) 광주지방법원 해남지원 2017.11.09 2017고단319

사기

Text

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

Reasons

Punishment of the crime

[criminal records] On January 24, 2017, the Defendant was sentenced to one year of imprisonment for fraud, etc. in the Gwangju District Court Branch Branch on May 26, 2017, and the judgment became final and conclusive on May 26, 2017. On July 12, 2017, the Gwangju District Court sentenced two months of imprisonment for fraud, and the judgment became final and conclusive on July 17, 2017.

[2] On July 22, 2016, the Defendant posted a false statement on the fact that he/she had access to the Twitter and sold “C contact pockets” to the Twitter, and reported the fact that he/she would send the contact pockets to the victim D who visited the Twitter.

However, in fact, the defendant did not have a ticket and thought that he would receive money for the cost of living, so even if he did not receive money from the injured party, there was no intention to send a ticket.

As above, the Defendant: (a) deceiving the victim and let the victim transfer 130,000 won in the form of a national bank account in the name of E; (b) requested E using the above national bank account to refund the above money; (c) received the above money from the above E to the national bank account in the name of the Defendant; and (d) from September 13, 2016, the facts charged in the charge of KRW 420,000 in total from the victims by the same method six times in total, such as the statement in the list of crimes as shown in the attached list of crimes, are indicated as “420,000 won” but it is obvious that this is a clerical error of “420,000 won”, so the facts charged was revised as above.

this shall be transferred and shall be acquired by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of the police officers in relation to E and H;

1. Statement made to I by the police;

1. Written statements of D, J, K, L, and M;

1. The details of each account transaction, each reply (the details of account transactions), each conversation, each electronic financial transfer result confirmation, each page of the closure of each text message, warrant reply, and service use confirmation, and account statement;

1. The photograph of the user during the period of cash withdrawal;