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(영문) 의정부지방법원 2013.05.31 2013고단461
사기
Text

A defendant shall be punished by imprisonment for two years.

The defendant shall pay 400,000 won to C who is an applicant for compensation.

3.2

Reasons

Punishment of the crime

On January 30, 2012, the Defendant was sentenced to imprisonment with prison labor and two months in the District Court for fraud, and completed the execution of the sentence on November 13, 2012.

On December 4, 2012, the Defendant, at the PC room where the name located in the Gangnam-gu Seoul Central Tridong, posted a false statement on the Internet Nurier D Cafbook website to sell 16G E, and reported and contacted the statement to the victim E, “on deposit of KRW 360,000,000 in the price of goods, the Defendant would send the 16G of the Robrid to her home.”

However, even if the defendant receives money from the victim, he did not have the intention or ability to send the goods.

As such, the Defendant, by deceiving the victim, received money of KRW 360,00 as the price for goods from an enterprise bank account in the name of the Defendant on the same day, and acquired money totaling KRW 15,965,700 from the victims on 74 occasions in the same way as indicated in the attached Table of Crimes, including the transfer of KRW 360,00 as the price for goods, from the bank account in the name of the Defendant on the same day, through the same method as indicated in the attached Table of Crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police record of F, G, E, H, I, J, K, and L;

1. A petition (M, N,O, P, F, Q, R, T, C, U, H, V, I, W, X, Y, Z);

1. Written statement (M,O, P, Q, AA, S, T, C, U,V, W, X, AB, and Z);

1. Details of receipt of the aggregate civil petition (W, C, U, I, H, C, AD, AE, AF, AG, AA, AH, AI, AJ, AK, Z, Z, L, and AM);

1. The report on damage from carbon (Y, X,N, AO, AP, G, Q, and AR);

1. E-mail statement (AJ, AS, Q, AM, AO, AL, AC, AF, and AH);

1. Each deposit certificate, transfer certificate, deposit receipt, account transaction details, passbook copy, and written confirmation of transaction details;

1. Details of each account transaction and each duplicate;

1. Before ruling: Application of an inquiry report on criminal records, etc., investigation report (in addition to a written judgment and confirmation of the date of release from a military court);

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

1. Article 35 of the Criminal Act among repeated crimes;

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

1. Orders for compensation;

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