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(영문) 서울중앙지방법원 2020.11.12 2020고단6405
사기
Text

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

Reasons

Punishment of the crime

【Criminal Power】 On January 18, 2018, the Defendant was sentenced to one year and eight months of imprisonment for fraud at the Daegu District Court, and on May 13, 2019, the execution of the sentence was terminated at the Heung prison, and on August 20, 202, the Defendant appealed to the Seoul Southern District Court for four years of imprisonment for fraud, and is still pending in the appellate trial.

【Around November 4, 2019, the Defendant posted a false statement to the effect that “The admission tickets for Japanese contact with the youth welfare center shall be sold at KRW 250,000,” by accessing the Internet Gcar PP at the Gwangju Youth center, and that “If the Defendant sent KRW 815,000 to the victim who reported and contacted the above notice, the Defendant would offer two copies of the admission tickets for Japanese contact with the youth welfare center, two copies of the admission tickets for Japanese contact with the youth welfare center, and accommodation tickets for accommodation.”

However, in fact, the Defendant did not possess the admission tickets, airline tickets, and accommodation tickets in Japan, and even if he received money from the Defendant, he did not think of the so-called “fluoring” to deliver it to another victim. Even if he received money from the victim, he did not have the intent or ability to deliver the contact admission tickets, airline tickets, and accommodation tickets.

Nevertheless, the Defendant, by deceiving the victim as above, received from the victim, KRW 150,00 on the 9th day of the same month, KRW 150,00 on the 10th day of the same month, KRW 515,00 on the 12th day of the same month, and KRW 815,00 on the 815,00 on the 10th day of the same month, from the victim to the X bank account in the name of BE

Summary of Evidence

1. Police suspect interrogation protocol of the defendant's oral statement;

1. Statement of the police officer (No. 9) with respect to BE, and a statement of DP;

1. Details of the accusation director BG dialogue, content of each AB dialogue, H notice, and remittance receipt;

1. Each investigation report (number 11, 22) and previous records as indicated in the relevant accompanying materials: The application of criminal records, etc., investigation reports (number 15), and Acts and subordinate statutes concerning accompanying materials;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Circumstances unfavorable to the sentencing of Article 35 of the Criminal Act, among repeated offenders:

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