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(영문) 전주지방법원 2017.02.17 2016고단2188
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant shall be liable to the applicant C for the damage KRW 200,000,000.

Reasons

Punishment of the crime

On October 22, 2015, the Defendant was sentenced to one year and six months of imprisonment for fraud in the assistance in the development of the Sugwon method, and completed the execution of the sentence on July 21, 2016.

On September 19, 2016, the Defendant sold “2017 F administrative law teaching materials” posted by the Defendant on the Internet portal site “E” bulletin board of the Internet portal site “E,” and the facts are as follows: (a) if the Defendant did not have the above teaching materials and then wired KRW 30,000 to the teaching materials cost, even though he did not have any intent or ability to sell them, he/she had deceiving the Defendant as if he/she would have sent the said teaching materials on his/her home page; and (b) was immediately transferred KRW 30,000 to the North Bank account (H) prior to the Defendant’s name.

In addition, the Defendant received a total of KRW 2,654,00 from the victims stated in the List of Crimes to the above North Bank Account at least 48 times during the period from November 2, 201 of the same year.

Accordingly, the defendant deceivings the above victims to acquire 2,654,00 won in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of G, I, J, D, K, M, M, N, P, Q, Q, R, T, U, V, W, X, Y, C, AB, AA, AC, AD, AE, AE, AF, AH, AH, AI, AJ, AJ, AK, AK, AM, AM, AP, AP, Q, AS, ATS, ATS, ATS, AS, AV, AV, AW, AY, AY, and BA;

1. Written authenticity of G, I, J, D,K, M, M, N, P, Q, Q, R, T, U, V, W, X, Y, C, AB, AA, AC, AD, AE, AE, AF, AH, AH, AI, AJ, AJ, AJ, AK, AM, AM, AmP, AP, Q, AS, ATS, ATS, ATS, AU, AV, AW, AX, AY, and Z;

1. Each notice posted;

1. Detailed descriptions of each letter;

1. A written confirmation of the results of each transfer, inquiry about the results of transfer, receipts, details of transactions, and a certificate of remittance confirmation;

1. Previous conviction: Application of a reply to inquiry about criminal history and each investigation report (in addition to a copy of the judgment, and confirmation of the date of release of the suspect);

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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. Matters concerning the promotion, etc. of a compensation order and a provisional execution sentence;

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