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(영문) 인천지방법원 2016.02.17 2015고단7961
사기
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall obtain money from the applicant C to the applicant C, KRW 260,000, and the applicant D to compensate.

Reasons

Punishment of the crime

On March 29, 2013, the Defendant was sentenced to two years of imprisonment by the Incheon District Court for fraud, etc., and the execution of the said sentence was terminated on June 22, 2014.

On July 24, 2015, the Defendant, operating the Internet shopping mall “J” website, saying, “The Defendant would sell beer character (bell-shaped toy)” to the victim K, thereby making a false statement to the victim K.

However, at the time, the defendant did not have a beer character, so even if he received the payment from the injured party, he did not have the intent or ability to sell the beer character to the injured party.

As above, the Defendant: (a) by deceiving the victim and receiving 880,000 won from the post office account under the name of the Defendant for the purpose of payment from the victim; and (b) thereafter, (c) from October 22 of the same year, he received a total of KRW 17,636,90 from the victims about 27 times in the same manner as indicated in the list of crimes in the attached Table of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made with regard to I or L by the police;

1. Each written statement of K, M, F, H, N, D, E, P, Q, Q, R, T, U, C,V, V, G, X, Z, AB, AB, AC, and AD;

1. A certificate of account transfer confirmation, each statement of transfer, each statement of transfer, each transaction, details of remittance, details of transfer, details of transfer transfer, details of each transaction, details and text of each transaction, and the certificate and text of confirmation of transfer;

1. Previous conviction: Application of a written reply to inquiry, such as criminal history, one copy of the judgment, and one copy of the personal identification/ confinement status, to the Acts and subordinate statutes;

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

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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. Articles 25 and 31 (3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings for Orders for Compensation and Sentence of Provisional Execution;

1. Reasons for sentencing (limited to an application for compensation after the closure of pleadings) under Articles 32 (1) and 32 (2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss the Application for Compensation;

1. The scope of the recommended sentence on the sentencing criteria [the scope of the recommended sentence] general fraud (the amount of less than KRW 100 million).

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