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(영문) 부산지방법원 2016.11.30 2016고단5861

사기

Text

A defendant shall be punished by imprisonment for a period of one year and two months.

Reasons

Punishment of the crime

[Criminal Power] On July 16, 2015, the Defendant was sentenced to one year of imprisonment for fraud at the Busan District Court, and completed the execution of the said sentence in the Daegu Prison on February 3, 2016.

【Criminal Facts】

On August 12, 2016, the Defendant posted a letter “D” page in Daegu-gu C, stating that the Defendant would sell a phone phone using the app with the Defendant’s cell phone, and made a false statement to the effect that “the Defendant would first send the money to the victim E, who contacted with the Defendant.”

However, there was no intention or ability to sell the goods even if the defendant received money from the victim because the defendant did not possess the goods to sell them.

Nevertheless, the Defendant, by deceiving the victim as above, received 143,000 won from the corporate bank account (Account Number:F) in the name of the Defendant on the same day.

In addition, from the above date to September 5, 2016, the Defendant deceivings the victims by the above means, and received a total of KRW 2,253,000 from the victims in total over 12 times, as shown in the annexed Crime List.

Accordingly, the defendant was provided property by deceiving the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect of G;

1. Each statement;

1. Espopics by duplicating machines sales letters and cutting-outs;

1. Egress from each opening counter conversation by reducing the contents of the conversation;

1. A detailed statement of each account transfer (No. 5, 10, 12, 29, 32, 38, 40, 45 No. 5);

1. Documents printed out of the details of deposits in a circuit;

1. An electric output by ampling up the amp;

1. Contents of conversations between each text messages;

1. A reply to a warrant of search, seizure, and verification (No. 21 No. 1 of evidence list);

1. The article on cases of damage from art;

1. Reporting of cyber crimes;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (report on previous records of disposition, results of confirmation, and confirmation of the date of release);

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the applicable criminal facts and the selection of punishment;