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(영문) 의정부지방법원 2016.09.27 2016고단3461

사기

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal records] On July 19, 2016, the Defendant was sentenced to a suspended sentence of four months for criminal fraud at the District Court of Jung-gu, which was sentenced to a suspended sentence of two years, and the judgment became final and conclusive on July 27, 2016.

[2] On March 24, 2016, the Defendant: (a) reported to the victim D, who expressed his intent to purchase, a false statement that “The Defendant would send 40,000 won to YYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY

there was no intention or ability to act.

As above, the Defendant, as well as by deceiving the victim and receiving KRW 40,000 from the victim to the Defendant’s bank account on the same day. From March 24, 2016 to June 18, 2016, the Defendant acquired the total amount of KRW 978,500 by the aforementioned method, such as the list of crimes, from March 24, 2016 to June 17, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D, E, F, G, H, I, J, K, L, M, N,O, P, Q, R, and T;

1. Each detailed statement of transfer;

1. Reporting of cyber crimes;

1. CCTV photographs, evidence photographs, and the closure of conversations;

1. Previous convictions in judgment: A written inquiry, a criminal investigation report (prior convictions in the latter concurrent crimes) and the application of the text of the judgment;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of a penalty;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The fact that there is a history of criminal punishment on multiple occasions due to the fraud of Internet goods, such as senior countries, and the Internet commercial transactions are conducted based on the general trust in trading. The defendant's act of taking money against many and unspecified victims by raising a false notice on the Internet's website.