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(영문) 서울남부지방법원 2017.06.14 2017고단1430
사기
Text

A defendant shall be punished by imprisonment for six months.

The defendant shall obtain money from the applicant C to the applicant C in the amount of KRW 10.2 million and the applicant D for compensation.

Reasons

Punishment of the crime

On February 23, 2017, the Defendant posted a notice to the KPC room located in the J of Sinpo-si of Sinpo-si on the Defendant’s home or in the south of Sinpo-si of Sinpo-si, the Defendant called “sale of cultural merchandise coupons” to the Internet used goods trading site and to the NAV, and the victim F, who reported and contacted the writing, said that “I will sell KRW 2 million cultural merchandise coupons to KRW 1.6 million if you send money.”

However, the defendant did not have an intention or ability to send cultural merchandise coupons even if he received money from the injured party because he posted a false article to raise gambling and futures investment funds.

As above, the Defendant, as well as by deceiving the victim, received KRW 1.6 million from the victim to the Saemaul Treasury account in the name of the Defendant, and acquired money from the 11 victim over 14 times from February 22, 2017 to February 27, 2017, by remitting KRW 1,828,00 from the 11 victim, such as the list of crimes in the annexed crime list.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the police concerning L;

1. Investigation documents related to the victim F-related investigation documents, victim C investigation documents, victim E investigation documents, victim M investigation documents, victim M investigation documents, victim G investigation documents, victim DNA investigation documents, victim DNA investigation documents, victim DNA investigation documents, victim DNA investigation documents, victim's O investigation documents, and victim P investigation documents;

1. Application of Acts and subordinate statutes on account transactions;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective 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 (2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Orders for Compensation;

1. Article 31 (3) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, Sentence of Provisional Execution;

1. Reasons for sentencing under Article 32 (1) 3 and Article 25 (3) 3 (where the scope of liability for damages is not clear) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits by Dismissal of Application for Compensation;

1. The scope of punishment by law: Imprisonment for one month to 15 years; and

2. The sentencing criteria shall be based on; and

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