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(영문) 부산지방법원 2014.05.15 2013고단8257
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On April 1, 2013, the Defendant posted an article on the Defendant’s house, Busan B apartment B apartment 22, 606, B apartment 22, and 606, through the Internet, to sell NAB Round, and reported such posted article to the victim C who contacted with the victim C who reported and contacted such posted article, saying, “When transferring money, he/she will deliver the Maurri Maurri at his/her home.”

However, even if the defendant receives the price of goods from the victim, the defendant did not have the intention or ability to deliver the furriium.

The Defendant, by deceiving the victim as such, received KRW 190,00 from the victims totaling KRW 41,163,00,00 from the victims over 198 times, as shown in the separate crime list from the above date to August 29, 2013, as well as from the above date and time to August 29, 2013.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Each police statement of the E, F, and G;

1. Each statement and copy of H, I, J, K, L, M, N, P, Q, R, T, U, V,W, X, Y, and Z;

1. A written petition;

1. Details of deposit receipts and bank transactions;

1. Articles printed out on the screen of a medium and high trade website and printed out of text messages;

1. Investigation report (victim AA telephone call, etc.);

1. Application of Acts and subordinate statutes to file a report on internal investigation (Attachment, etc. of submitted data);

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. The reason for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes committed the instant crime once again despite the fact that the Defendant had been punished several times for the same kind of crime. It is not good to commit the instant crime by defrauding money exceeding KRW 40 million over 198 times for a period of four months through the Internet, and it appears that some of the victims have refunded the money acquired, but most of them have been refunded by money acquired from other victims.

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