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(영문) 서울서부지방법원 2014.04.16 2013고단1691

사기

Text

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

Reasons

Punishment of the crime

On April 5, 2013, the Defendant posted a notice at the Defendant’s house, Seongdong-gu Seoul, Seoul, on April 5, 2013, to sell a set of 42 persons and TV in direct trade of the Internet site. The Defendant reported the false statement to the Defendant C, stating that “When transferring money, the Defendant would send 42 persons and TV in the face of 42 persons and TV.”

However, even if the defendant receives money, he did not have the intention or ability to sell valuable TV.

The defendant receives 200,000 won from the victim to the new bank account (E) in the name of D on the same day, etc. from around that time.

4. By October, 100, a total of KRW 700,000 was remitted through the same method three times, such as the statement in the annexed list of crimes.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Statement of D police statement;

1. A written statement F, C, and G;

1. Application of Acts and subordinate statutes to the details of transactions of deposits, deposit certificates, and to the caps of text messages, certificates of confirmation, transfer certificates, and copies of bankbooks;

1. Article 347 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime concerned;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;