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(영문) 수원지방법원 성남지원 2018.11.07 2018고단2113
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced on September 1, 2016 to one year and six months of imprisonment as a crime of fraud in support of Sungnam Branch of Suwon District Court, and completed the execution of the sentence in the first intersection of North Korea on January 2, 2018.

[2] On May 11, 2018, the Defendant: (a) posted a statement on the Internet and the website of the country that the victim C purchased the “D” book; and (b) sent 50,000 won to the victim, the Defendant made a false statement as if he sent the said book.

However, in fact, the Defendant did not have the above book, and was thought to use it for the cost of living with the money from the injured party, so even if he received the money from the injured party, he did not have the intention or ability to send the said book.

The Defendant received KRW 50,00 from the injured party on the same day via the account (Account Number: E) in the name of the Defendant, and received KRW 4,648,00 from that time to September 11, 2018, in total, 104 times from that time, as indicated in the list of crimes in the attached crime in the same manner.

Accordingly, the defendant was informed of the victims to receive each property.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of F, G, H, I, K, K, L, M, N, C, P, Q, R, S, T, V, V, X, Z, AB, AB, and AC;

1. Each evidentiary material (transfer details, etc.), a search and seizure verification warrant, CCTV data reply, details of deposits, details of dialogues, and financial transaction reply;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report (the same kind of force) and other relevant Acts and subordinate statutes;

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

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. The scope of the recommended punishment on the sentencing guidelines [the scope of the recommended punishment] general fraud (less than KRW 100 million) shall be either for an unspecified person or a large number of victims of the special aggravation area (one year to three years) (one year to nine months).

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