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(영문) 인천지방법원 2018.05.04 2018고단2086
사기
Text

A defendant shall be punished by imprisonment for one year.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

[Criminal record] On November 13, 2015, the Defendant was sentenced to imprisonment with prison labor for fraud, etc. at the Daejeon District Court on November 13, 2015 and completed the execution of the sentence on March 31, 2017.

[Criminal facts] On October 1, 2017, the Defendant connects NAV to the Republic of Korea at the Defendant’s dwelling place of Daesung-gu Daehan 204, Daesung-gu, U.S.A. and sells NAV at its location.

After inserting the letter "," the victim E who reported it, the expression "in the event that 3.10,000 won is remitted, the delivery of goods is intended."

However, the defendant did not have the above game machine, so even if he received the sales proceeds from the injured party, he did not have the intention or ability to deliver the goods.

Nevertheless, the defendant deceiving the victim as above and transferred 3.10,00 won to the account held in the name of the defendant on the same day (Kakao BankF) from October 1, 2017 to February 27, 2018, along with the list of crimes in the attached Table 11,503,800 in total from 40 members of the victim, is clear that the "1,70,000" in the attached Table 10 of the indictment is a clerical error in the "165,000" as stated in the list of crimes in the attached Table 10 from October 1, 2017 to February 27, 2018, and thus, the "11,508,800 won" in the above indictment is obviously a correction of each clerical error in the "1,500 won."

the transfer received each transfer and acquired it respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to G, H, I, and B;

1. Each statement of J,K, L, M, N, P, Q, Q, R, T, U, V, X, Y, Z, AB, AC, AD, AE, AF, E, C, AH, AJ, AJ, AK, AK, AL, AM, AO, AP, AP, and Q;

1. AS petition;

1. Each remittance confirmation certificate, a detailed statement of deposit transactions, a written confirmation of each transfer result, a written confirmation of transaction results, a written confirmation of statement of transfer, a written confirmation of each transfer, a check of account details, a written confirmation of each use of each transfer, a inquiries of each transaction results, an inquiry of each transaction results, a statement of account transactions, each receipt, each transaction statement, a statement of account transfers, and a written confirmation of transfer, respectively;

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