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(영문) 춘천지방법원 강릉지원 2016.06.30 2016고단634
사기
Text

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

The defendant shall pay 73,00 won to the applicant for compensation. The above compensation order shall be issued.

Reasons

Punishment of the crime

Around December 11, 2015, the Defendant, “2016 Highest 634, the Defendant, even if having received money from the victim D, was unaware of the victim’s intent or ability to sell the equipment so that he/she could not sell the equipment so that he/she could at least sell the equipment so that he/she could buy the equipment to the Defendant’s bank account (E) in the name of the Defendant and received KRW 23,000 from the victim from May 2, 2016, and received KRW 4,422,50 from the victims total of KRW 83 victims, as indicated in the list of crimes, from May 2, 2016.

On December 30, 2015, the Defendant up to 2016, up to 710, up to December 30, 2015, posted a notice to sell mitts to the victim F, who reported and contacted with the Internet NAV and the country.

A false statement was made.

However, even if the defendant received money from the injured party, he did not have the intention or ability to sell the mitts.

Nevertheless, on December 30, 2015, the Defendant, as seen above, received KRW 25,000 from the Defendant’s Saemaul Bank account (G) account in the name of the Defendant from the victim, and received KRW 25,000 from the Defendant to February 15, 2016, total amount of KRW 185,000 from the five victims, as indicated in the list of crimes, from February 15, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written petition, inquiry into the results of a transfer, and a certificate of transfer confirmation;

1. The application of Acts and subordinate statutes to investigation reports (related to attachment of response financial data), investigation reports (Attachment of financial account warrant response data);

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, 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. Article 31 of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits for Compensation Orders falls under one year of imprisonment with prison labor and two years and six months, but [the scope of sentencing guidelines for sentencing] is a fraud crime, general fraud, type 1, and aggravated area (specific or multiple victims).

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