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(영문) 대전지방법원 2018.11.15 2018고단2589
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

The defendant shall be the applicant C with the amount of KRW 4,025,00,000, and shall be the applicant for compensation.

Reasons

Punishment of the crime

On December 11, 2017, the Defendant, at the Defendant’s residence located in Seo-gu Daejeon Daejeon Daejeon, posted a false statement to the effect that, despite having no intent or ability to send the goods promised to receive money from others as the price for the goods, the Defendant received KRW 100,000 from each victim on the Internet’s website to “sale coffee mixing” and then, the Defendant received KRW 29,059,000 from each victim on the same day to July 9, 2018, respectively, and acquired KRW 38 times in total from each victim on the same manner as indicated in the list of crimes in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement and written statement;

1. Details of each account transaction, inquiry into details of withdrawals, receipts of deposits, details of transfers, certificates of confirmation of transfer, details of transactions of deposits and withdrawals, inquiries into the details of transfers, and details of damage;

1. Details of financial transactions, comprehensive account inquiry, account inquiry, deposit account inquiry, deposit details, copy of passbook, etc.;

1. Details of each text message;

1. Each internal investigation report and the application of the Acts and subordinate statutes governing the investigation report;

1. Article 347 (1) of the Criminal Act and Article 347 of the Criminal Act as to the facts constituting an offense, and the choice 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. Determination on the Defendant’s assertion under Articles 25(1), 31(1), and 31(2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Compensation Orders

1. The Defendant, at the time of the instant crime, was in a state of mental and physical weakness due to the side effects of Teinson’s disease and its therapy.

2. According to the data submitted by the Defendant, the fact that the Defendant was suffering from Teinson’s disease at the time of the instant crime, and that the Teinson’s disease treatment system causes interference with the adjustment of collision, however, the background and details of the instant crime.

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