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(영문) 서울남부지방법원 2019.10.10 2019고단1209
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[Criminal Power] On July 1, 2016, the Defendant was sentenced to two years of imprisonment for fraud in the Seoul Southern District Court, which was sentenced to two years of probation, and the judgment became final and conclusive on June 24, 2017, and is still under probation.

【Criminal Facts】

On September 2017, the Defendant made a false statement to the Victim B (the age of 49) that “The South Africa operates a Ri-related business in the Republic of South Africa, import the Gu Ri through South Africa and sell it to 90% price of the market price,” and “I see it to be directly confirmed by the Republic of South Africa.” The Defendant purchased the airline ticket purchase cost on the face of the air ticket.”

However, in fact, the South East Africa did not operate the Africa-related business in the South Africa at the time, and the defendant did not contact with the South Africa, even if he received money from the victim as a result of purchase of airline tickets, there was no intention or ability to purchase the actual airline tickets and to sell them to the South Africa or to sell them in a low manner with the victim.

Nevertheless, the Defendant, by deceiving the victim as such, received KRW 840,00 from the victim on September 27, 2017 and KRW 80,000,00 from the victim on November 19, 2017, respectively, as the purchase price for airline tickets, from the time to December 19, 2017, by deceiving the victim as shown in the list of crimes in the attached Table, and received KRW 13,720,00 from the victim on a total of six occasions.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. B complaint - Details of account transaction, withdrawal of text messages received by a suspect and a complainant, photographs, etc., investigation report (Attachment to details of transaction), account transaction details, and report on each investigation (written complaint B telephone investigation, hearing of suspect-friendly telephone statements);

1. Previouss before judgment: Criminal history records, investigation reports (the same type of fraud records of a suspect and confirmation of facts during the period of suspension of execution), judgment, and case search results, which apply to the law.

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