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(영문) 수원지방법원 성남지원 2017.08.10 2017고단1110
사기
Text

A defendant shall be punished by imprisonment for four months.

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

1. On January 16, 2017, the Defendant, against the victim B, posted a notice to the victim “assigning and selling television monitors 27” on the website of “Yacom” using a computer at a place not known to him/her around January 16, 201, and false statement to the victim B who reported and contacted the above writing “to send a monitor if he/she transfers money.”

However, even if the Defendant received money from the injured party, the Defendant did not have any intention or ability to sell TV 27 Dopppp 27.

As such, the Defendant, by deceiving the victim, was immediately transferred 120,000 won to the post office account (C) in the name of the Defendant from the damaged party.

2. On January 16, 2017, the Defendant, against the victim D, posted a letter stating that “a multi-use stamp is sold” on the website “a sponed and sponed” using a computer at a place where it is not known around January 16, 2017, and false statement stating that “the Defendant would send a multi-use stamp to the victim D who reported and contacted the above writing.”

However, even if the defendant receives money from the injured party, he did not have the intention or ability to sell a multi-use stamp.

The Defendant, as such, by deceiving the victim and immediately received 10,000 won from the victim to the above post office account from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement B and D;

1. Each transfer certificate;

1. Application of the laws and regulations governing the message pictures given and received, and the message details given and received;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment (including the repetition of fraudulent crimes under the same type of law, and the non-payment of damage, etc.);

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Supreme Court Decisions 201Do1111, Jan. 1, 2011>

1. The community service order under Article 62-2 of the Criminal Act;

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