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(영문) 서울중앙지방법원 2019.07.18 2019고정1185

사기

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On December 5, 2018, the Defendant appealed at the Seoul Central District Court sentenced one year of imprisonment and a fine of three million won for fraud, etc., but the said judgment became final and conclusive on January 18, 2019 as the withdrawal of an appeal.

The defendant, together with B known in the process of prisons, posted a letter as if he sold goods on the Internet, received money from the purchaser who reported the fact and received money from the purchaser, and attempted to have it divided by acquiring money by means of not sending the goods.

The Defendant, according to the foregoing conspiracy B and B around August 21, 2018, at an irregular area of Gyeonggi-do (hereinafter referred to as “Seoul-do”) around August 21, 2018, notwithstanding that the Defendant did not have the intent or ability to sell the contact diskettes, the Defendant, despite of the absence of the intent or capacity to sell the contact diskettes, by falsely speaking, to the effect that “The Defendant sells the contact diskettes” to the victim D who reported and contacted with the content, “to send the contact diskettes if he deposits the money,” and the Defendant, who is affiliated with the Defendant, deceivings the victim, by receiving KRW 100,000 from the victim’s E bank account (F) in the name of the Defendant and withdrawing it, and divided it with B from August 21, 2018 to August 21, 2018.

9. Until March 9, 200, a total of KRW 4,197,50 was remitted over 23 occasions, such as the statement in the attached list of crimes, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the police and the examination of suspects concerning B;

1. Protocol of the police statement concerning G;

1. Each petition and written statement (including attached documents);

1. Previous convictions in judgment: The application of Acts and subordinate statutes concerning criminal records and investigation reports (report on confirmation of a case by a suspect);

1. Relevant Articles 347 (1) and 30 of the Criminal Act concerning the facts constituting an offense and the choice of punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;