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(영문) 수원지방법원 2018.07.05 2018고단2953
사기
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On December 17, 2017, the Defendant sent a false statement to the victim D, who had contacted himself/herself, stating that he/she had access to a soup room or PC room by using smartphones, and then posted a notice on the bulletin board that read “Cpanty hosting coophones and maspphones are sold,” and that “on the first hand, he/she will send three cpan-type cpan-type coophones and three maspphones to the victim D who had contacted himself/herself.”

However, at the time of fact, the defendant sent to the victim

The goods did not have the goods to be reduced and the money received from the injured person was thought to be used for his/her own daily life, and thus eventually, even if he/she receives the money from the injured person, the goods are sent to the injured person

there was no intention or ability to act.

As such, the Defendant deceptioned the victim as such, and transferred KRW 10,00,00 from the victim to the new financial investment account (Account Number:F) on December 17, 2017; KRW 90,000 on December 20, 2017; KRW 70,000 on December 21, 2017; KRW 10,000 on December 27, 2017; and KRW 10,000 on December 30, 207 to the Korean bank account (Account Number: E); and KRW 10,000 on December 30, 207, respectively, from the time when the victim was transferred to the new financial investment account (Account Number:F) in the name of the Defendant, as shown in the list of crimes in the attached Table; and acquired KRW 2078,00 in total from the victims to the victims, as the total amount of KRW 300,075 on May 2, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement and written statement;

1. Provision of financial transaction information, inquiry into details of transaction, certificates of deposit transaction records, details of the NongHyup Bank's financial transaction, main financial transaction (deposit and withdrawal, national bank), response to requests for submission of financial transaction data, and details of financial transaction;

1. Application of Acts and subordinate statutes to photographs of each mobile phone screen;

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

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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