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(영문) 대전지방법원 홍성지원 2018.05.02 2017고단901
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 20, 2017, the Defendant posted a false statement on the “Seman’s Republic of Korea” website at the Rober’s office located in the Gyeong-gun, North Gyeong-gun, Gyeong-gun, and read the victim C who reported and contacted this article as “I will send cultural merchandise coupons if I send KRW 210,000 to the victim C.”

However, in fact, the defendant did not have cultural merchandise coupons and even if he received money from the injured party, sent merchandise coupons to the victim.

there was no intention or ability to act.

The Defendant: (a) by deceiving the victim as above; (b) received KRW 2.10,00 from the victim to the bank account in the name of the Defendant on the same day; and (c) received the total amount of KRW 1,175,000 from five victims on seven occasions from around that time to October 31, 2017 in the same manner as the list of crimes in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D, E, C, F, and G;

1. Detailed inquiries, receipts, inquiries about the results of transfer, certificates of confirmation of transfer, details of transfer, and details of account transactions as a result of the transfer process;

1. The contents of conversations, the screen of a notice to be taken by cutting down a picture, the screen of a text message to be taken, the Kakao Stockholm conversation (Evidence No. 16, 22), and the contents of text messages;

1. Application of Acts and subordinate statutes concerning the report of investigation;

1. Article 347 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of each sentence of imprisonment with prison labor (in the past two years, punishment by imprisonment with prison labor is inevitable in light of unfavorable circumstances, such as the fact that the same method of punishment has been repeated several times even though the person committed the same kind of crime four times in total during the past two years, and the gains earned from the crime have been sprinked with gambling funds);

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. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the crime is recognized and reflected, the damage is relatively minor, the fact that there is no record of punishment exceeding the fine, and the fact that the remaining victims except E have agreed smoothly);

1. Protection observation;

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