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(영문) 서울북부지방법원 2017.02.14 2017고단112
사기
Text

A defendant shall be punished by imprisonment for six months.

The defendant shall pay 2,150,000 won to the applicant for compensation, and the applicant for compensation.

Reasons

Punishment of the crime

On May 9, 2016, the Defendant posted a letter on the E site, a Internet shopping product operated by the Defendant, to the effect that “Sbd x 001 clocks are sold” was false to the effect that “on the transfer of money to someone else” is sent.

However, even if the defendant receives visual prices from the injured party, he/she did not have any intention or ability to deliver visual visibility normally.

As such, the Defendant, by deceiving the victim, received 2,150,000 won from the victim to the Agricultural Cooperative account under the name of the Defendant on the same day as visual payment, and acquired the total amount of KRW 12,477,00 from March 2, 2016 to May 31, 2016, by transfer from the victim to the account under the name of the Defendant, including the transfer of KRW 2,150,000 from March 2, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. AWO, AP, Q and AO;

1. Application of Acts and subordinate statutes to report on investigation;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice 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. Article 25 (1), Article 31 (1), (2), and (3) of the Act on Special Cases concerning the Promotion, etc. of Lawsuit for Compensation Order for ApplicantsN;

1. Reasons for sentencing under Article 32 subparag. 1 (Article 32 subparag. 1) of the Act on Special Cases concerning the Promotion, etc. of Litigation by an applicant for compensation, etc. of an application filed by the applicant for an action;

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

2. Where he/she commits a crime against an unspecified or large number of unspecified victims, or repeatedly commits a crime for a considerable period of time, within the aggravated area (one year to two years) of Class 1 (less than KRW 100,000) in the sentencing guidelines.

3. He/she shall be exempted from the lower limit of the sentencing guidelines set forth in the sentencing guidelines, taking into account all the circumstances shown in the pleadings of this case, such as the following circumstances, the defendant's age, family relations, and inclinations:

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