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(영문) 대구지방법원 2020.06.09 2020고단1764
사기
Text

A defendant shall be punished by imprisonment for not less than eight 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

At around 13:48 on March 1, 2020, the Defendant posted a letter on the KF94 Mar. 1, 2020 that “I will sell a large volume of goods, I will be able to do direct trade, I will sell at KRW 1,700 per sheet, I will be able to sell at KRW 300,00.” On the following day, I would like to sell at KRW 1,00 of KF94 Mar. 1, 200.

However, since the defendant did not possess KF94 Mak, even if he received the sale proceeds of KF94 Mak from the victim, he did not have the intention or ability to sell KF94 Mak.

Around March 2, 2020, the Defendant, by deceiving the victim as above, received KRW 170,000 as KF94 under the name of the Defendant’s bank account (Account Number G) around March 2, 202 from the victim, and received KRW 11,70,000 from the victims totaling KRW 41 times from February 18, 2020 to March 10, 2020 as shown in the annexed crime list.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H and I;

1. Each written statement of J, K, L, M, N,O, P, Q, R, S, T, V, X, B,Y, Z, AA, AB, AC, AD, and AE;

1. Application of C Posting printed materials, internal investigation reports (specific to suspect-use criminal records), AF bank account transactions, AF bank account transactions, IF bank account transactions, AG AF bank account transactions, AH bank account transactions, AHF bank account transactions, and AI AH bank account transactions statutes;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

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, Article 60 (3) of the Juvenile Act ( considered as favorable circumstances among the reasons for sentencing below);

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

1. Orders for compensation and orders for compensation;

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