(영문) 서울북부지방법원 2015.05.01 2015고정627

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(영문) 서울북부지방법원 2015.05.01 2015고정627

사기

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Acquittal of the accused shall be acquitted.

Reasons

1. On August 8, 2014, the Defendant, at the Defendant’s home located in Jung-gu Seoul Metropolitan Government, written a false statement on the following: “Around August 8, 2014, the Defendant would deliver the book if he/she first pays KRW 80,000 to the victim D who reported the fact that he/she had access to his/her own cell phone (C) and sold the book (to have been mistakenly paid) by accessing the Internet NAB’s website from the Internet website; and that he/she would deliver the book.”

However, even if the defendant receives the price from the victim, he did not have the intention or ability to deliver the promised thing.

Nevertheless, the Defendant received KRW 80,000 from the victim to the bank E account in the name of the Defendant on the same day on the same day, and acquired the amount corresponding to the above amount.

2. Reviewing the judgment, the Defendant’s legal statement, and the record of this case reveals that: (a) on February 12, 2015, the Seoul Eastern District Court sentenced the Defendant to one year of imprisonment with prison labor for habitual fraud, etc. on February 24, 2015; and (b) the facts constituting the crime of the said final judgment are as follows: “The Defendant, from May 13, 2014 to August 28, 2014, posted an article that sells goods to the Internet NAVV website, etc. on a total of 46 occasions from May 13, 2014 to August 28, 2014, by deceiving the reported persons with KRW 3,075,00 in total as if the goods were sold; and (c) obtained by deceptive money.”

According to the above facts of recognition, the facts charged in this case, which became final and conclusive and committed prior to the judgment, shall be deemed to have been reduced by the formation of the defendant's damp wall in light of the means, method, period, frequency, etc. of the crime. Thus, the facts charged in this case prior to the judgment and the facts charged in this case, which are the crimes of habitual fraud under the substantive law, are the crimes of habitual fraud.

Therefore, the effect of the above final judgment extends to the facts charged in this case, which is the relation of a single comprehensive crime.

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