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(영문) 부산지방법원 동부지원 2016.06.08 2016고단371
사기
Text

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

Reasons

Punishment of the crime

On February 5, 2014, the Defendant was sentenced to 10 months of imprisonment for fraud in Busan District Court's Dong Branch Branch, and the execution of the sentence was terminated on November 23, 2014 in Busan District Court's Busan District Court's Dong Branch.

On October 21, 2015, the Defendant posted a false statement on “DPC room” located in Busan-gun, Busan-gun, which reads that “The sales of golf bond sets” by accessing the Internet’s website to “the next high-class country”, and that “the Defendant would send golf bond sets if deposit KRW 500,000 is made to the victim E who stated the intention of purchase.”

However, due to the fact that the defendant did not have the above golf set, even if he received the above money from the injured party, he did not have the intent to send the above goods as the promise.

The Defendant received 500,000 won in total from 21 victims under the same name as indicated in the list of crimes in attached Form 21 until March 21, 2016, from the time when he/she received money from the damaged person as the price for the goods.

Summary of Evidence

1. Statement by the defendant in court;

1. Each petition for E, G, H, I, J, K, L, M, N,O, P, Q, R, S, and T sheet;

1. A financial account information;

1. Investigation report (verification of the details of damage inflicted by three unreported victims), and each cyber crime report;

1. Previous convictions: Inquiries about criminal history, application of investigation reports (Attachment of copies of criminal records of the same kind of crime against the suspect A and confirmation of the expiration of the term of punishment);

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The crime of this case on the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes is the crime of this case by repeatedly and systematically acquiring money from many victims. The crime of this case is bad in nature, the defendant repeats the crime during the period of repeated crime due to the same crime, a number of criminal offenses committed by the defendant, and the defendant has reached an agreement with the victims.

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