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(영문) 춘천지방법원 강릉지원 2017.09.13 2017고단905
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On June 25, 2017, the Defendant posted a false statement to the effect that, at the Defendant’s studio in the Daedong-gu, Daejeon-gu, C and 306, the Defendant would sell “Stong-gu,” “Stong-gu,” which is a used goods trading site, sold “Stong-gu,” and would send 4.50,000 won to the victim D who had contacted through the Kakakao Stockholm, if he remitted 4.5 million won to the victim D.

However, in fact, the Defendant only posted the above article to meet the living expenses, and did not have the relationship with the minled North Korea, and even if he receives money from the injured party, he did not have the intent or ability to sell the mint North Korea.

Nevertheless, the Defendant: (a) received 450,000 won in the name of Nopt North Korea from the victim to the company E account in the name of the Defendant’s name on the same day from the victim; and (b) received 1,290,000 won in total five times from around that time to July 19, 2017 as stated in the attached crime list, and acquired it as the price for the transaction of goods.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of F, D, G, H, and I;

1. Application of Acts and subordinate statutes to confirm the details of a financial transaction (e.g., the details of transfers) with the victim; the course of the conversation exchanged with the victim; the business bank replies data; the results of the transfer process; the effects of ICT; the effects of the transfer process; the written inquiries (transfer details); letters and confirmations given and received between the parties; the text and documents given and received between them; the Kaka Stockholm conversation; the data on goods sold; the information on the results of the transfer; the inquiry of the results of the transfer; and the details of the use of the services;

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

1. In light of the fact that there are many records of the Defendant’s reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that the Defendant was punished as the same kind of crime, but without any reflection, the Defendant’s sentence against the Defendant shall be imposed.

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