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(영문) 서울남부지방법원 2017.06.20 2017고단1788
사기
Text

1. The defendant shall be punished by imprisonment for four months;

2.However, the execution of the above sentence 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 30, 2016, around 23:23, 2016, at the PC room in which it is difficult to identify the neighboring trade names of subway 7, Gangnam-gu, Gangnam-gu, Seoul, 346, the Defendant posted an advertisement to sell gallon (9.7 transfer) sign on the NAV Internet page among the countries on the NAV Internet website, and the Defendant sent the product to the victim when the victim C communicates with the victim, “where the account number is known, the Defendant deposits the purchase price to the bank.”

The purport of “States” was false.

However, in fact, since the above tables had already been sold to others, even if the victim received money from the victim as the price for goods, there was no intention or ability to sell the tables PC and the money received from the victim was thought to be used as living expenses, etc., so there was no intention or ability to return it.

The Defendant, by deceiving the victim as such, received money KRW 170,000 from the victim’s modern securities account under the name of the Defendant on the same day.

In addition, from around that time to February 20, 2017, the Defendant enticed the victims 1,877,000 won in total over 14 times as shown in the list of crimes in the attached Form.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting of cybercrime in Q Q, D, E, F, G, H, I, J, K, L, M, N, P, P’s petition, and cybercrime;

1. Written statements of D, E, Q, F, G, H, I, J, K, L, M, N,O, and P;

1. Certificate of confirmation of transfer, inquiry about the results of transfer, copy of receipt, inquiry about the results of transfer immediately, details of account transfer, statement of account transaction, details of account transfer, data of account transfer, details of account transfer, details of account transfer, statement of account transaction, and written confirmation

1. Application of statutes on sales advertisements, the Stockholm dialogue content, and the details of dialogue;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 25(1)1, Article 31(1), and Article 31(2)1 of the Act on Special Cases concerning the Promotion, etc. of Lawsuit for Compensation Order;

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