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(영문) 수원지방법원 안산지원 2017.07.20 2017고단1227
사기
Text

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

Reasons

Punishment of the crime

[criminal records] On January 7, 2015, the Defendant was sentenced to two months of imprisonment due to fraud, etc. in the assistance in Ansan of Suwon Friwon, and on December 9, 2015, the Defendant was sentenced to six months of imprisonment due to fraud, etc. from the Suwon Friwon, and completed the execution of each of the above punishment on December 17, 2015.

[Criminal facts]

1. Around December 8, 2016, the Defendant posted a letter on the Internet “Ne-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se

“A false representation was made.”

However, since the defendant did not have a contact book, the defendant did not have an intention or ability to send the ticket even if he received the ticket price from the injured party.

The defendant deceivings the victim as above and received 330,000 won in the name of the Saemaul Treasury Account (D) in the name of the defendant on the same day from the victim.

Accordingly, the defendant was given property by deceiving the victim.

2. On January 8, 2017, the Defendant posted a letter to sell contact diskettes on the Internet “scamet” website, and reported it to the victim E who visited the victim E, who sent KRW 312,50 to the remittance of KRW 312,50 of the ticket price.

“A false representation was made.”

However, since the defendant did not have a contact book, the defendant did not have an intention or ability to send the ticket even if he received the ticket price from the injured party.

The defendant deceivings the victim as above and received 312,50 won in the name of the Saemaul Treasury account from the victim on the same day.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and E;

1. Inquiry into the results of transfer and a certificate of transfer confirmation;

1. Previous convictions: The application of Acts and subordinate statutes to inquire about criminal history and report criminal investigations (prior convictions);

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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