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(영문) 수원지방법원 성남지원 2017.03.31 2017고단263
사기
Text

A defendant shall be punished by imprisonment for six months.

The defendant will pay 380,000 won to the applicant J.

Reasons

Punishment of the crime

On December 27, 2016, at the defendant's house located in Kimpo-si, K, 405 Dong 2304, the defendant puts up a false statement on the defendant's cell phone in order to sell the crowdfunding in connection with the defendant's "hackter" to the "hackter" by accessing the defendant's cell phone, and the defendant puts up a false statement on the victim L who contacted the defendant that "hacker two punishments will be sold at KRW 7,50,000."

However, the fact that the defendant did not have the right to sell the goods to the victim, and even if he received the payment from the victim, he did not have the intention or ability to deliver the goods.

Nevertheless, the Defendant, by deceiving the victim as such, received 750,000 won from the injured party to the Han Bank account (M) under the name of the Defendant.

In addition, from around that time to January 16, 2017, the Defendant obtained a total of KRW 12,532,500 from the victims through a similar method over 33 times, such as the list of crimes in the attached Table, and obtained a total of KRW 12,532,50.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to the N;

1. Written complaints of theO, L, E, P, Q, Q, C, S, T, U, V, W, X, Y, M, D, Z, AB, ACE, AE, AE, AF, AH, AI, AJ, AJ, I,K, and AL;

1. Each statement of transfer confirmation, a statement of transaction, such as a statement of transfer confirmation, a statement of transaction by account, a statement of transaction by account, a written confirmation of transfer, a written confirmation of transfer, an inquiry of details of each transaction, a statement of financial transaction, a statement of transfer results, a written confirmation of transfer results, and a written statement

1. Details of the Kakao Stockholm dialogue;

1. Application of the Act and subordinate statutes of one bank account transactions in the name of the recipient, the details of account transactions (Korean bank), and the details of account transactions (Korean bank);

1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act 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. Articles 25(1), 31(1), and 31(3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings for Orders for Compensation and Sentence of Provisional Execution.

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