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(영문) 대구지방법원 안동지원 2013.09.03 2013고단198
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2013Kadan198] Although the Defendant did not intend or have the ability to sell the goods on the Internet, the Defendant posted a letter of sales on the Internet shopping mall site, and had the intent to acquire the sales proceeds from the bank account in the name of B.

On July 12, 2011, the Defendant posted a letter stating that he/she sold 3,400,000 won to a new bank account (E) in the name of B from the victim D with the sale proceeds of humbling, and received money from the victim, and received money from the victim to January 19, 2012 by the same method six times in total, as shown in the list of crimes, from around that time.

Accordingly, the defendant was provided property by deceiving the victims.

[2013 Godan392] On January 9, 2013, the Defendant stated that the PC room located in an irregular situation (hereinafter permanent residence 09:19:0 on January 9, 2013, the Defendant reported that the Victim F would purchase a heavy wheelchairs on the Internet “G”, and that the Defendant would send a heavy wheelchairs to the victim when sending the price.”

However, the defendant did not have any intention or ability to send things, even if he receives money from the victim as a price, because the victim did not have any things to purchase.

The defendant received 500,000 won from the victim for the same day and acquired it through remittance.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H, I, J, K, and F;

1. Each written statement D or L;

1. Application of the details of transactions, closure screen, photographs, search and seizure (financial account)-related Acts and subordinate statutes to the site;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. The suspended execution is against Article 62(1) of the Criminal Act, and the victims.

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