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(영문) 대전지방법원 2016.09.22 2016고단2227
사기
Text

A defendant shall be punished by imprisonment for one year.

The defendant 220,000 won to the applicant C, and 490,000 won to the applicant D.

Reasons

Punishment of the crime

On April 22, 2016, the Defendant received 350,000 won from the damaged party to the above account as the purchase price, and acquired it by deception, on the following grounds: (a) on April 22, 2016, the Defendant stated that the Defendant did not intend or have the intent or ability to sell the goods; (b) the Defendant, having no intent or capacity to sell the goods, sent money to the victim F who written a computer purchase on the Internet market to the name bank G account in the name of the National Bank; and (c) the Defendant acquired it by deception.

In addition, from around that time to June 13, 2016, the Defendant received a total of KRW 8,519,000 from 31 times as shown in the annexed crime list through the above method and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of H, I, J, K, L, C, M, N, P, Q, R, D, T, T, U, and F;

1. Investigation Report (Verification of Additional Victims) - Details of deposits for presumption of additional victims, and additional victims;

1. Investigation reports (in addition to victims);

1. Investigation reports (to hear statements from victims) and investigation reports (to hear statements from victims);

1. Response to a request for the provision of financial transaction information - Details of personal correspondence and deposit and withdrawal transactions;

1. Search and seizure inspection warrant - replys to a search and seizure inspection warrant - details of transactions of admission and withdrawal;

1. A list of offenses;

1. A written confirmation of service use, a detailed statement of deposit transaction, each statement of deposit transaction, each item of the Kakao Stockholm conversation, transfer confirmation, a statement of transaction, a statement of transaction, a check of results, verification, receipt of deposit, deposit receipt, Kakao Stockholm conversation without delay, a notice on the results of transfer, a document on the records of deposit transaction, a certificate of account transfer, a statement of account transfer, a suspect's account transfer, a statement of account transfer, a statement of account transfer, a statement of account transfer, a statement of suspect's account transfer, a statement of account transfer, a statement of written message conversation, etc.

1. Application of statutes to output each e-mail;

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. Matters concerning the promotion, etc. of a compensation order and a provisional execution sentence;

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