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Reasons
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(영문) 광주지방법원 2015.04.08 2014고단3759
사기
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The punishment of the accused shall be determined by eight months of imprisonment.

Reasons

Punishment of the crime

On December 28, 2011, the Defendant was sentenced to six months of imprisonment in the Daejeon District Court for fraud, etc. and completed the execution of the said sentence in the Daejeon Prison on April 2, 2012.

1. On December 6, 2013, the Defendant: (a) connected the Defendant’s house located in Daejeon-gu Daejeon-gu, Daejeon-gu to the Internet website, and posted an advertisement stating that “I will sell galthot 2” after having access to the Internet website Nenena while having no intention or ability to sell the goods; (b) obtained transfer of KRW 140,00 won from the victim D (33 years of age) to the national bank account (Account Number E) in the name of the Defendant in the name of the Defendant on the same day and acquired it from September 23, 2014; and (c) obtained money from 67 victims in the same way from September 23, 2014, including transfer of KRW 12,477,700 from the total sum of KRW 67 victims as indicated in the attached list of crimes.

2. On September 22, 2014, the Defendant posted an advertisement stating that “a person would sell gallonno-2” by accessing gallonian in connection with the Internet site Nurina while having no intention or ability to sell the goods at the place indicated in the foregoing paragraph (1) at the same time, and acquired it from the victim F. (the age of 49) to the Defendant’s Gwangju bank account under the name of the Defendant, by transfer of KRW 1.90,00 won from the victim F. (the age of 49) to the Defendant

Summary of Evidence

1. Defendant's legal statement;

1. Statement of G in a copy of the protocol of suspect examination of the police officer (1,080 pages of investigation records);

1. Statement made by the police officers of H, I, and J;

1. Statement made by each police officer's statement about K, L, M, N,O, P, Q, R, S, and T;

1. Descriptions of each written statement in U, V, W, X, Y, Z, AAB, AC, AD, AE, AF, AH, AI, M, AJ, AK, AL, AM, AO, AO, AO, AP, and F;

1. Entry of each copy of the statements prepared by Q, D, AR, AS, ATS, AU, AV, AX, AY, AZ, BA, BB, BC, BD, BE, BF, BG, and BH;

1. Description of each copy of each of the copies in the preparation of BI, BJ,K, BL, BM, and BN;

1. The details of deposits in the Gwangju District Prosecutors' Office;

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