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(영문) 인천지방법원 2015.12.24 2015고단6819
사기
Text

The annexed list of crimes in the judgment of the defendant shall be sentenced to two months of imprisonment for the crime Nos. 1 through 7 of the annexed list of crimes in the judgment of the defendant.

Reasons

Punishment of the crime

On August 27, 2015, the defendant was sentenced to a suspended sentence of 8 months for fraud at the Incheon District Court, and three years for a suspended sentence.

9.4. The judgment became final and conclusive.

On September 2, 2015, the Defendant made a false statement to the victim C, stating that “the purchase of Not North Korea” was made in the clater, a smartphone, and that “on deposit with the account, the Defendant would sell Not North Korea. When depositing money into the account, the Defendant would send goods to the account.”

However, there was no intention or ability to sell money even if the victim receives money from the victim because the victim did not have the Nowon-gu who wants to purchase.

Around September 2, 2015, the Defendant received 350,000 won from the victim’s new bank account (Account Number: D) in the name of the Defendant from the new bank account in the name of the victim to the bank account (Account Number: E) in the name of the Defendant.

In addition, the Defendant, from August 24, 2015 to October 17, 2015, by deceiving victims in total 25 times from around August 24, 2015 by the above methods, such as the list of crimes in the attached Table, and acquired KRW 6,710,000 in total as the price for goods.

Summary of Evidence

1. Defendant's legal statement;

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

1. A specification of transactions;

1. Previous convictions in judgment: Application of Acts and subordinate statutes of the previous convictions, previous convictions, results reporting (A), investigation reports (reports attached to previous convictions and a copy of judgment);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act (attached Form 1 through 7 and the crime of fraud for which judgment has become final and conclusive) of the Criminal Act to treat concurrent crimes;

1. Of the concurrent crimes, among the concurrent crimes, the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, between the crimes Nos. 1 through 7 of the annexed list of crimes, the aggravated punishment for concurrent crimes by the punishment No. 6 of the annexed list of crimes, and the annexed list of crimes No. 8 to the annexed list of crimes.

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