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(영문) 의정부지방법원 고양지원 2017.11.30 2017고단3197
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal record] On March 18, 2016, the Defendant was sentenced to one year of imprisonment for a crime of fraud, etc. at the Suwon Friwon, and completed the execution of the sentence on July 11, 2016.

[2] On April 16, 2017, the Defendant posted a false statement to the effect that, by accessing the Defendant’s home located in Gwanak-gu in Seoul Special Metropolitan City to the Internet page, the Defendant would pay 85% of the settlement amount in cash by accessing the Internet page by means of a Handphone, and thus, “the contact to D” is changed. The Defendant reported the false statement to the effect that “the victim E who visited the victim would pay 200,000 won in cash immediately if he/she pays the small amount of KRW 1,70,000,000,000,000 won.” After receiving from the victim, the Defendant acquired the Handphone number and the small amount of settlement serial number from the victim to enter the information into the website, and obtained property benefits equivalent to the amount of KRW 197,80,00 in the market price.

However, in fact, the Defendant had no intention or ability to return 85% of the settlement amount in cash even if the victim has made the settlement of small amount, because it is difficult for the Defendant to leave the Seoul, Incheon, Maternity, and Suwon to work as the delivery source in China without any special benefit.

As a result, the Defendant, including by deceiving the victim, obtained financial benefits equivalent to the market price of KRW 197,800, from around that time to October 13, 2017, acquired financial benefits from the victims of the total market price of KRW 2,031,200 through seven times, such as those listed in the list of crimes in the attached Form.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, F, G, and H;

1. Each statement of I, J and K;

1. Previous convictions: References to inquiries, such as criminal history, the current status of personal confinements, and application of Acts and subordinate statutes to report criminal investigations (Attachment to the same type of judgment);

1. Article 347(1) of the Criminal Act provides that the pertinent provision of the Criminal Act and the choice of punishment shall be applicable to the crime (the choice of imprisonment).

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