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(영문) 부산지방법원 2017.08.23 2017고단1917
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 5, 2017, the Defendant: (a) connected the Internet site’s “Neber” car page to a middle country; and (b) posted on the bulletin board a letter “sale of a gallon ju,” and reported the letter to the victim B, who visited the victim B, who “is sold for 410,000 won at a gallon ju.”

On the same day from the victim B who believed this, the defendant received 410,000 won as the price for goods from the Busan Bank's deposit account in the name of the defendant, and the same year from that time.

3. Until August 3, 2400, 24 victims were remitted total of KRW 8,065,000 as the price for goods through 24 times as shown in the list of crimes in the annexed sheet of crimes.

However, at the time of the transfer of the price for the goods from the victims, the defendant sent the agreed goods to the victims.

there was no intention or ability to act.

Accordingly, the defendant deceivings the victims, thereby taking the property from the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Each petition and statement of C, B, D, E, F, G, H, J, K, L, M, M, N, P, Q, Q, S, T, U, V, W, X, and Y;

1. Each certificate of transfer confirmation, a statement of transfer, a statement of text dialogue, and a statement of transaction;

1. Each internal investigation report (a warrant reply and a statement on the nominal owner of the account) - The application of Acts and subordinate statutes to reply to a request for the provision of financial transaction information (information on customers and details of transactions);

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of this case on the ground of sentencing under Article 62-2 of the Social Service Order Criminal Act is a good for the crime of this case in consideration of the following facts: (a) the Defendant, as seen above, by raising letters on the Internet, such as false valuable goods and others, obtained a total of eight million won from 24 victims; and (b) the recovery of damage is not proper.

(b).

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