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(영문) 의정부지방법원 고양지원 2018.07.19 2018고단1259
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

All of the applicants' applications for compensation are dismissed.

Reasons

Punishment of the crime

On March 27, 2018, the Defendant accessed the portal site “NVV” (hereinafter “NVV”) that deals with used goods, etc. using the Internet in the vicinity of the Masan-si, Ansan-si, the Defendant confirmed that the Defendant posted a notice to the effect that the victim E purchases the “age ki” movement, and sold Kakao Kao Stockholm to the victim by communicating the victim with the cell phone Mao Kao Stockholm.

A false statement was made.

However, in fact, the defendant did not have a gymmetricization, and there was no other income in the absence of income, but there was an idea to arbitrarily consume the sale proceeds from the injured party, and therefore there was no intention or ability to sell the said gymmetricization

The Defendant was transferred 440,000 won to the new bank account (F) account opened in the name of the Defendant, as the sales proceeds of the same day from the damaged party.

The defendant, including this, has the same effect.

2. From around 15.15

4. Until July 4, 200 won was delivered from victims totaling KRW 4,235,00,00, as the sales proceeds of all kinds of goods, by accessing the aforementioned “China country” car page or mobile phone goods transaction using the aforementioned methods, as described in the list of crimes in the attached crimes, such as Ansan, Pyeong, Nam, and Gwangju.

Summary of Evidence

1. Statement by the defendant in court;

1. Each copy of G, H, I, J, K, L, M, D, N, P, Q, Q, C, R, S, E, T, U,V, W, X, Y, and Z;

1. A certificate of deposit checking;

1. Data to be submitted by each field;

1. Application of Acts and subordinate statutes to a report on investigation (as to photographs verified on suspect smartphones);

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

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. Reasons for sentencing of Article 32(1)1 and Article 26(1) of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits to Dismiss Application for Compensation (Application after closure of pleadings).

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