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(영문) 의정부지방법원 고양지원 2020.06.10 2020고단1020
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

On February 27, 2020, the Defendant posted a notice on February 27, 2020, stating that “KF94 E” was sold to “KF94 E” in the Defendant’s residence located in the Pakistan-si B apartment C, and concluded that the Defendant would first transfer the sum of KRW 695,000 to the victim F, who reported and contacted this writing, and then send the said 710 Mack to the Defendant’s residence.

In fact, the Defendant did not have the above Mak and even if receiving the payment from the victim, he thought that he would use it as the gambling fund, so even if he received the money from the above victim as the Mak price, he did not have the intention or ability to send the Mak to the victim.

As above, the Defendant deceiving the victim and received a total of 695,00 won from the victim four times on the same day to G account (H) and I in the name of the Defendant, and from February 18, 2020 to February 29, 2020, he shall recognize the criminal facts by correcting ex officio the amount obtained by acquiring the sum of 17 victims No. 5,042,250 won from the victims as shown in the annexed crime list from February 18, 202 to February 29, 20, as shown in the annexed crime list.

this shall be transferred and shall be acquired by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement made to the police officer by the J;

1. Each statement written by the K, L, M, N,O, P, Q, R, T, U,V, W, F, X, and Y;

1. A remittance certificate, the closure data of each conversation, each deposit certificate, each transfer certificate, each deposit receipt, each remittance statement, the results of transfer, written confirmation, and each statement of transactions;

1. Application of the video law of Defendant’s transmission photograph

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice 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:

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