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(영문) 대구지방법원 김천지원 2015.04.02 2015고단137

사기

Text

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

To confiscate subparagraph 1 of this Article.

Reasons

Punishment of the crime

On November 2014, the Defendant: (a) registered with the Defendant’s house located in the Gumi-si Ctel 607, with the title “D” connected to the openter chip “D” using a mobile phone; (b) registered with the Defendant’s office that sold the openter chip at a lower level than the market price; and (c) reported and contacted the victim E with the Defendant that “on deposit of KRW 43,000,000 to deliver the openter 2 boxes.”

However, in fact, the defendant did not express his/her writing to sell He/she chips in order to raise living expenses without any special occupation and did so with the intent of acquiring money from those who belong thereto, and even if he/she received the money from the victim, he/she did not have the intention or ability to deliver the He/she chips.

As above, the Defendant, by deceiving the victim, received KRW 24,600 from the Agricultural Cooperative Account (Account Number:F) in the name of the Defendant, and received KRW 4,346,00 in total from November 22, 2014 to January 15, 2015, as shown in the separate crime list, as shown in the separate crime list.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of G;

1. Each authentic document of H, I, J, K, L, M, N, E, P, Q, R, T, U, V, W, X, Y, Z, AB, internal investigation report (in addition to a victim’s statement, etc., attached to AC and 44 other than AD, and six persons);

1. Details of transactions in the account, requests for cooperation in each investigation (CCTV image data), investigation reports (Attachment to the details of deposits in the amount damaged by the criminal records), list of seizure, and application of Acts and subordinate statutes to report on investigation (Attachment to photographs of cellular phones owned by a suspect);

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of the punishment stipulated for the offense against U who has the largest number of concurrent crimes);

1. Confiscation of the Criminal Act;