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(영문) 울산지방법원 2019.10.11 2019고단2459
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

B suggested that the defendant commit the Internet goods fraud along with posting comments on the Internet Csite bulletin board, and the defendant prepared an account to receive remittance of the amount of damage and conspired to commit the fraud of the Internet goods and use the amount of damage in installments by taking charge of the role of the victims and conversations.

B and the Defendant, on March 4, 2019, posted a false statement on the Internet Csite that “to sell toyss” by accessing the Internet C site at an address not exceeding Suwon-si, and then, received KRW 70,000 from the victim to the F Bank account in the name of E (G) and received KRW 70,000 from the victim to the F Bank account in the name of E (G). From that time, the Defendant received KRW 850,000 in total as the price for the goods from the victims eight times in total from March 6, 2019, as shown in the list of crimes, from the victims to March 6, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. A suspect interrogation protocol concerning B by the prosecution;

1. Each petition and statement of the victims;

1. Certificates of transfers (transfers) and certificates of transfers results:

1. The details of conversations on writing, H, and text messages posted by B on the bulletin board of the Internet site;

1. Details of account transactions in the name of E;

1. Application of the Acts and subordinate statutes concerning CCTV closure photographs;

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the selection of punishment;

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

1. Article 62(1) of the Criminal Act on the stay of execution (hereinafter “the grounds for the remaining sentence”), which is favorable to the defendant;

1. The crime of this case for the reason of sentencing under Article 62-2 of the Criminal Code of the Probation and Social Service Order is for young children in collusion with the defendant B to use the Internet's trading site.

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