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(영문) 광주지방법원 2017.04.13 2016고단5733
사기
Text

A defendant shall be punished by imprisonment for six months.

The defendant shall be liable to the applicant B for the damage KRW 350,00 and the applicant C for the damage.

Reasons

Punishment of the crime

On September 17, 2016, the Defendant received KRW 240,00 from the victims to the Korean bank account (F) under the name of the Defendant for the same day from the victims by posting a false letter to the effect that he/she would find a person who will share the strong account at a around 40,00 if he/she did not have any intention or ability to share the strong account due to the lack of the purchase of the strong “short-term Fransh” lecture, and received 2,40,000 won from the victims to November 26, 2016 to the Korean bank account (F) under the name of the Defendant for the same day by posting a false letter to the effect that he/she would purchase the strong account at around 17, 2016.

Summary of Evidence

1. Statement 1 by the defendant in court and statement by the police in G;

1. Each statement in preparation of E, H, I, J, K, C, and L;

1. A written petition for the preparation of M;

1. Application of statutes to the details of transactions in the bank account in the name of the person under consideration, and the details of transactions in the Saemaul Treasury account in the name of the suspect;

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

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. Grounds for sentencing under Articles 25 (1), 31 (2) and 31 (3) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Compensation and Sentence of Provisional Execution;

1. Where he/she commits a crime against an unspecified or large number of unspecified victims, or repeatedly commits a crime for a considerable period, in the aggravated area (one year to two years) of Class 1 (less than KRW 100,00) in general fraud (one year to two years);

2. The Defendant, in the short term, acquired a lot of money from 12 victims totaling KRW 6,580,00 from the total sum of 12 victims by inserting a false letter of sale, and the damage has almost been recovered up to now.

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