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(영문) 인천지방법원 부천지원 2016.08.11 2016고단969
사기
Text

A defendant shall be punished by imprisonment for six months.

The defendant shall be liable for fraud, 3.85 million won, and the same shall apply to the applicant C.

Reasons

Punishment of the crime

On March 27, 2016, the Defendant connects the Internet “China-higher Countries” camera, and sells cultural merchandise coupons at the discounted price of 25%.

“To send money,” a notice to the effect that “I will send cultural merchandise coupons to the victim C who reported and contacted it.”

“.....”

However, even if the Defendant received the above money, he did not have the intention or ability to send the said money to the said victim a cultural gift certificate, and was thought to use the said money as both money for gambling or for the cost of living.

As above, the Defendant: (a) by deceiving the above victim; (b) received 3.85 million won from the above victim’s bank account (S) in the name of the Defendant on the same day from the above victim; and (c) received 22,15,500 won in total from the victims over 41 times from around that time to April 11, 2016, as stated in the list of crimes in attached Form 41.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written petition, etc. (Attachment 1 through 13, 15 through 24, 27 through 32, 2016 high group 1, 5 through 15, 2016 high group 1, 1357 high group 1, 5 through 15);

1. The application of Acts and subordinate statutes of each search and seizure inspection warrant and reply (Attachment 14, Table 1357, Table 1357, group 2016, group 2016, group 4);

1. Article 347 (1) of the Criminal Act, Articles 347 (1) of the said Act and the choice of punishment for the crime;

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) and 31 of the Act on Special Cases Concerning the Promotion, etc. of Compensation Orders and Provisional Execution (no criminal records except confessions, reflectivity, and one-time fines) are favorable to the defendant for the reasons of sentencing, and circumstances unfavorable to him (for the purpose of raising gambling funds, the crime of this case committed each of the crimes of which the sum of KRW 22 million is 41 times, which is 22 million, was committed by a large number of unspecified victims for about a month, was wasted into gambling, such as a very pleasure, and most of the money obtained by deceptions, and efforts were not made to recover the damage.

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