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(영문) 서울서부지방법원 2014.05.28 2014고단501
사기
Text

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

Reasons

Punishment of the crime

On March 20, 2013, the Defendant was sentenced to imprisonment with prison labor for six months at the Seoul Western District Court for fraud, and the said judgment was finalized on March 28, 2013.

[2014 Highest 501] The Defendant, on September 23, 2013, posted a letter, “I will sell it in the Internet NAVER,” and received 30,000 won for the same day from the victim E who reported the above letter to the victim E, who was in contact with him, as stated in the attached list of crimes, from 24 times to January 3, 2014, by deceiving 24 victims over 24 times as shown in the attached list of crimes, and then, by deceiving them to the sum of 2310,000 won from the victims.

[2014 Highest 575] Around May 5, 2012, the Defendant posted an article stating that the Internet site shock (www.sy office.com) is sold at the PC located in Cheongju-si.”

However, the defendant did not have a movement and did not have an intention or ability to send money even if he received money.

Nevertheless, the Defendant made a false statement to the victim F who reported and contacted the writing on the same day, stating that “If 2.60,000 won is remitted, 2.60,000 won is remitted from the victim’s name to the post office account in the name of the Defendant.”

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Each statement of H, I, J, K, L, M, N,O, and F;

1. Details of transactions of national banks;

1. Previous convictions indicated in judgment: Application of criminal records and investigation reports (suspension of execution of sentence and previous and subsequent rulings) and statutes;

1. Article 347 (1) of the Criminal Act applicable to the crime (the point of fraud and the choice of imprisonment);

1. The following circumstances and the defendant's age, character and conduct in the sentencing of Article 37 (former part), Article 38 (1) 2 and Article 50 of the Criminal Act among concurrent crimes:

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