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(영문) 서울동부지방법원 2020.09.16 2020고단2207
사기
Text

Defendant shall be punished by a fine not exceeding five hundred thousand won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

Defendant

On June 15, 2020, the Defendant was sentenced to two years of imprisonment with prison labor at the Seoul Eastern District Court for fraud, etc. and is currently pending in the appellate trial.

A. B, C, D, and E, which are the Internet goods transaction sites, would be used for living expenses, etc. by deceiving victims as if they were sold goods, and the Defendant would provide an account to be used for the crime (F of the Saemaul Depository) and E, and B would prepare a notice for the sale of goods in E, and C and D conspired to contact with the victims who have contacted.

Around September 11, 2019, the Defendant, B, C, and D posted the Defendant’s E account (O) to sell “prop” and “ smartphone” at the residence located in G apartment No. G apartment site H, and then makes a false statement to the victim J who contacted the goods to purchase the goods, and then remitted KRW 25,000 to the said account from the victim’s money to the said account, and around September 13, 2019, by deceiving the victim K by the same method in the said place, and then deceiving the victim K and deceiving it from the said place, and then 30,000 won was remitted from the victim.

Accordingly, the defendant was provided property by deceiving victims in collusion with B, C, and D.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of J and K;

1. A certificate of deposit, the details of each Kakao Stockholm dialogue, and a certificate of transfer;

1. Relevant Articles 347 (1) and 30 of the Criminal Act concerning facts constituting an offense, the selection of fines (amount of fines imposed, degree of punishment of accomplices, age of defendants, etc.);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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